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Home My WebLink About05-08-1967 Planning Commission Minutes (2) L'... "' SUb~ARY OF MI~JTES ' CITY OF SARATOGA PLANNING COMMISSION TIME: ·Monday, 8 May 1967, 7:30 P.M. PIACE: 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 waived 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 co,~--unications" 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"; mot i on cart led unanimous ly. C. COMMITTEES Chairman Norton stated that since Commissioner Crisp'had gained experience by .serving on the General Plan Committee at the time of the previous MajOr · . Review he would like to reappoint him to that Committee; 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. Planning Commission Minutes of 8 May 1967 - Continued .. I. C. COFSMITTEES - Continued 2) Commissioner Kasner~s'appointed to serve as Chairman ., of the Variance Committee in place of Commissioner Crisp. .D.' VISITOR . ~hairman Norton introduced and extended a welcome to Mr.' Berg~ Gabrielson, Chief Administrator of Karlshom,' Sweden, who is visiting the United States and observing local governments. II. PUBLIC HEARINGS ... A.' UP-120 - Sisters of Notre Dame de Namur, Bohlman Road - Request for Use Permit for Construction of New Novitiate Facilities - Continued from 24 April 1967 .. The continued hearing on UP-120 was resumed at 7:43 P.M. Commissioner. · . McFall briefly reviewed this application and then read a report explain- ing his position on theapplication. .. ." Commissioner 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 matter. · There was no one present to represent the applicant. There was no one in the audience who wished to'comment with regard to this matter. Commissioner Crisp then read the report of the Subdivision COmmittee " recommending approval of the subject Use permit. " Commissioner Kasner called attention to a memo, submitted by Mr. Russ of Sigal Way, stating his opinion with regard to certain aspects of the sub-' ject request.. .. After discussion. Commissioner C½isp moved. seconded by Commissioner McFall, ,. 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 May 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. Bi 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 he~ring on C-106 was not resumed at this time. Commissioner McFall stated that the plans submitted Drevious!.y by the applicant have been unsatisfactory and recommended .that'~:this.'matter be continued to such time as the applicantis 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- mitj. further 'plans prior to that time. PlanninS Co~nission Minutes of 8.May 1967 - Continued II. B~ C-iO6 - Continued On this.basis, Chairman Norton'directed this matter continued to the meeting of 22 May 1967. C. C-71 - Max~ar Investment Company, Walnut Avenue - Request for Change of Zoning from "R-1-12,500" (Single Family Residential) to "R-M-3,000" (Multi-Residential) - Continued 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 summarized 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 1) it had been his understanding that a survey would be conducted and studied prior to any furt~e'r consideration of this application and 2) the appricant is willing to alter. the proposed.plans if the Cormnission indicates that this is necessary. .~. Mr. W..L. Teepie, Jr., 14120 Alta Vista, Mr. Green, 14170 Victor Place, and M~ H. J.. OberhaUs, 14080 Alta Vista were present and stated .their objections to the proposed development. After .further' discussion, Commissioner McFall recommended that Mr.. Resner c~ll the Secretary for an appointment to meet with the Subdivision Com- mitt'ee for further consideration with regard to this topic. tn 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 communications from .1) ~y .. T. Elliot, 14361Springer Avenue 2) Eva L. Symon, 14361Springer 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, 14251Springer 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 coxm~un- " 'ication from the applicant stating that all attempts to purchase additional property from .the adjacent property owner had been refused. · . 'The applicant was present but' stated that he had no further comment at · . 'f, this.time. There was no one else present who wished to conm~ent with regard to this matter. Commissioner Kasner 'read the report of the Variance Committee relative to V-293, recommending'that same be denied. = '.After discussion, Commissioner Crisp moved, seconded by Commissioner McFall ..'· '. that the p. ublic hearing on V-293 be closed; motion carried unanimously and the hearing..was closed at 8:24 P.M. Planning, Com~nission Minutes of 8 ~ay 1967 - Continued II. D. V-293 - Continued Commissioner·Crisp moved, seconded by Commissioner Johnson, that the Variance Committee Report of 8 FAy 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 Secretary advised that Notices of Hearing had been mailed and then briefly reviewed this application. Mrs. Wilbur Worden, Squirrel Hollow·Lane, was present and stated ·that her property was. situated near the applicant~ and she had no objection to the granting of the requested variance. · · There was no one present to re~resent 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 re. gular 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.Mo, 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 was 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, recommend- 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, was 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 which are permitted Uses in Neale's Hollow cannot pay the tariff on the ~uildings. 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. i· PlanninS Commission Minutes of 8 ~y 1967 - Continued II. F. C-80 - Continued 4)· He has ah.~ys improvedany property he has owned and will continue to do so. · · Mr. Cole Bridges, member of the' Chamber of Commerce, was present but stated· that he had no comment to make at this time. · C~airman Norton observed that the problem seemed to be a question of time with regard to granting Mr. Neale permission to allow the Chamber of Commerce to occupy his building prior tO compliance with all the c'onditions stated in the Staff Report. He then advised that because of the many problems involved with regard to this application he strongly recom~nends disapproval of any further Conditional Commercial Zoning in the future. Commissioner Crisp Suggested that Mr. Neale submit a letter requesting that the·uses listed in Condition 2, of the Staff Report of 8 May 1967, be· added to the List of Permitted Uses in the Conditional Commercial Zoning thereby making their presence in the center legal. ·'· · : After discussion, Commissioner McFall moved, seconded by Commissioner· Johnson, that the public hearing on C-80 be closed; motion carried ~ unanimously and· the hearing was closed at 9:15 P.Mo · . Commissioner McFall moved, seconded by Commissioner Smith, that the Staff Report of 8 May 1967 be' approved subject to the following amend- ments: i) 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 H611ow. 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 with Conditions 1, 3, 4, and 5, · ' '. .. of the subject report prior to the Chamber .. of Con~merce 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-Sunnyvale Road ~ Informal Hearing on Request to Add Mortuary Facility to the List of Uses Permitted Under the "C-S" (Commercial · . Service District) ... The 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. -5- planninS commissioner Minutes of 8 May 1967 - Continued II.. 'G. MORTU,~RY FACILITY - Continued · The 'applican% F~. Alan A. Alameda, was 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 18,000 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. ~. Galeb, adjacent proper~y owner, was present and stated that, consider- ing the problems existing in this section of the City, a development of this type would help to upgrade' the general appearance of this entire area. " l~~. Neale, owner of Neale's Hollow, stated that, as a progressive business- man, he felt that this would be an asset to the City. Con~nisSioner McFall suggested that the' applicant contact the Planning .7' :' ':' Department to'arrange an appointment to meet with' the' Subdivision Committee' to further discuss this matter. After further discussion, Chairman Norton (9:36 PoM.) directed this matter · continued until the next regular meeting and referred same to the Subdivision Committee for further .study. III. BUILDING SITES ARrO SUBDIVISIONS A. SDR-674 -. West Valley Baptist Church, Allendale & Fruitvale Avenues -. BuildinS Site Approval' - 1 Lot - Continued from 24 April 1967 ~. Delbert Harbold, Chairman of the Building. Committee, w~as present to represent the applicant and read a communciation requesting withdrawal of the subject application and stating the reasons for same. Comanissioner MCFall. moved, seconded by Commissioner 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 withdrawn.. CommisSioner McFall moved, seconded by Commissioner Crisp, that the request for withdrawal be approved; motion carried unanimously. -6- PlanninE Co~n~ission Minutes of 8 May 1967 - Continued iii. C. SDR-6881- Harry Maynard, Springer Avenue - Building Site Approval - 1 Lot - Continued from 24 ~ril 1967 · ' 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 Commissioner Kasner, that SDR-688 be denied; motion carried unanimously. D. SDR-689 ,.Drl Clem~er Peck, Ten Acres Road - Building Site Approval 1 Lot - Continued from 24 April 1967 CoF~issioner McFali advised that a report had not been prepared.since the Subdivision Committee, after careful study of' this application, felt that a Variance is required. The Secretary then read a cormmunication 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 Comple. ted 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 help and this is something people. in this area have enjoyed for many years. 4) Since t.he 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 Kasner 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 commanded the Connnission 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 t) 'the City of Monterey treasured old adobe brick homes 2) the 'building~ if completed, wil'l.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 wanted a building site approval. Plannin~ CommisSion Minutes of 8 May 1967 - Continued 'III. D.. SDR-689 - Continued Mr. Garter introduced hiraself and stated that: 1) He.assumed 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 .Committee worked very hard and inquired what Mr. Carters 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, Commissioner McFall suggested that a recess be called to discuss this matter. RECESS. ~qD REC ONVENZ CCn~issioner McFa].'l recommended that this matter be continued to the next regular· meeting to allow the Subdivision Co,n~nittee 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. " [te further stated that if the City Attorney's opinion remained the same after their conference with him, then his opinion will be accepted by the Committee and a Building Site Committee Report will be prepared. In view of the foregoing, Chairman Norton directed this matter continued to the Meeting 9n 22 ~y 1967.. IV.' A. A-250 - Dr. Warren Sturia - Med'ical Village - Lot 7.. The Secretary briefly reviewed.this application and explained 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. Abram, 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) The exhibits that had been submitted which · showed the building·erected around an ·open space area and... 2) That the.~ildings could be connected if necessary but he did not feel the aesthetics would be as good. '-8- Planning Con~anission Minutes of 8 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 Comanittee for study. .B. A-251 - W~ M. Wilson, Verde Vista and Highway 85 - Final Design Review - Identification Sign The Secretary: 1) Briefly reviewed this application 2) Sta~ed the applicant had pe~ission from the property owner to install ~he sign on this property and... ~) Recon~ended that approval .be gra~ted. Con~issioner Kasner moved, seconded by Co~issioner Smith, that. · Final Design Review be granted in connection with A-251, W. M. Wilson, for an Identification Sign, as shown on Exhibit "~" ~- , motion carried unanimous ly. V. C!~ COD2~CIL ~PORT Chairman Norton gave a report on discussion and action at the City Council 1.'ieeting of 3 May 1967 with emphasi's on items of particular inter. est to the Coma~i s s ion. ' O e. VII.. OLD BUSii~SS Commissioner McFa!l read the Report of the Sub Division .Committee regarding Consideration of. the Apartment Problem and Rezoning Applications-and then requested that this matter be plac~d on the ~enda for consideration at that VIII. COkR, iU!,iCATIONS A. Chairman Norton read a letter received from the Good Govermment Group infoming the Con~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 OP~ .. i) Dorofthy 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~issioner Kasner stated that Bro~ and I~uffm~nn had some new signs for which no permits have been issued. -9- Plannin~ Co..remission Minutes o:f 8 !"~av 1967 - Continued D. ORAl..- Continued · 3) Con~ni~sioner Crisp stated that model homes in the i~rgonaut Area had flags and other ornaments up to draw attention. 4) ~irs. Ottenberg, League of Women Voters, advised that a new ~rtinizing Establishment had their windows covered· with signs. ~qe Secretary 'ez~piained ·that the building had not been occupied· .to his knowledge and no BuSiness License had been issued. l.!r. Galeb. stated· that the windows were covered t0 conceal the contents in the inside of the shop. " 5) Co~issioner 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 Govermment Group, Mrs. Ottenburg of the League of Women Voters, Dr. Abrams, Dr. Sturta, and Mr.. Galeb. He also expressed appreciation to Mrs. Parker for the coffee se~ed at recesS. .. IX, iDjOURD~NT .. Chai~an Norton declared the Meeting adjourned at 11:10 P,M, · Respectfully submitted ' ' ~anleh';~/~alker, Secretary· Saratoga Planning Commission -10- CITY OF S~'J~ATOGA I~'LANN!NG COI~.~ISSION AGENDA TIME: 14ouday, 8 May 1967, 7:30 P~Mo PLACE: City Council Chambers, Fruitvale Avenue, S.,~ratoga, California TYPE: Regular Meeting I o ROUTINE ORGANIZATION A. ROLL CALL B. MINUTES II. PUBLIC F~EARINGS A. UP-120 - Sisters of Notre Dame de Namur, Norton Road - Reques'~' for Use Permit for Constructi.on;. of New Novitiate Facilities - Continued from 24 April 1967 B. C-106 - MoV.S. Company, Saratoga. Avenue - Request for Change of Zoning from "A" (Agricultural)' to "R-M-3,000" (Multiple Residential) - Continued from 2A Ap_l'il 1967 C. C-71 - Manner Investment Company, Walnut Avenue - Request for Change of Zoning from "R-1-12,500". (Single Family Residential) to "R-M-3~000" (Multi-Residential) - Continued from 24 April 1967 D. V-29.___!3 - }~rry Maynard, Springer Avenue - Request for VarianCe in Connec- tion.with [gt Size, Lot Width, and Frontage Requirements - Continued from 24 April 1967 E. V~294 - Stephen Dimoff, Saratoga Avenue - Request for Variance in Connection with Site A~:ea and Lot Depth Requirements - F. C-80 - Clarence W. Neale, Saratoga-Sunnyvale Road - InfermR1 Hearing on Request to Add Additional Uses to the List of Uses Permitted Under the Conditional Community Connnercial Zoning - Continued from 10 April 1967 G. MORTUARY FACILITY - Alan A. Alameda, Saratoga-Sunnyva!e Road - Informal Hearing on Request to Add Mortuary Facility to the List of Uses Permitted L:nder the "C~S'' (Commercial Service Distl:ict) II!. BUILDINGS SITES AND SUBDIVISIONS A. SDR-674 - West Valley Baptist Church, Allendale & Fruitvale Avenues - Building Site Ap. proval - 1 Lot - Continued from 24 April 1967 B. SDR.-685 - Dr. Michael D, Kowitz, Pike Road - Building Site Approval - I Lot - Continued from 24 April 1967 C. SDR-688 - Harry ~ynard, Springer Avenue - Buil.dir:g Site Approval - 1 L,~t - Continued from 24 April 1967 ..... D. SDR-689 - Dr. C!emmer Peck~ Ten Acres Road - Building Site Approval - 1 Lot - Continued from 24 A21.'il 1967 E. SD-557 - Paci£ic Shore Properties, Meadow Oak Read - Subdivision - 16 Lots IV. DESicM REVIEW A. A.-250 - Dr. ~,:arre'a Sturla:, Vill~zge Dri~;e - ?rellminary Design Review - Medley! Vi].l,--..F.e #7 B. A-251 - U. M, Wilson, Verde Vista & Highway 85 - Final Design Review - * idcntification Sign -1- Plannlna Cor;mtis~].on ARenda - 8 i,~y 196'7 -.Continued V. CITY COIR,]CiL REPORT VI. NEW BUSINESS VII. OLD BUSINESS ViIIo COM~,~NICATIONS A. ~rR!TTEN B o ORAL' IX. ADjOI)~NME,~T -2-