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HomeMy WebLinkAbout11-13-1967 Planning Commission Minutes (2)'.~.-~..: .. ....~: '~:~ · . · - .. ... '. " SL~Jz~Y O~ ~TES .. C~Z O~ SArAtOGA PT.,~TNI~G COF~ZSS~O~ '.'.'.. ." ...~..!...'. .. ...... ~ ' , · "".~ZI~: ~onday, 13 Novembe~ 1967, 7:~0 Po~, ~....~.'.. ~'~.'.'!~ '~AC~: City Council ChamberS, ~ruitvale ~venue, Saratoga, California' ..;.' ::!..'.'...'. ;..~Z~E:~egular Z~eting " ... ... '..'..?.'.~ :. 'Jdc'j~'k*,~'~,d~'~c'Jc'~'Jn~' · ..... .: ... .~...:..... .. . ,,,, · !:' . · L · ~0~Z~E O~GA~ZA~ZO~ .. "- · .. " .. · . · .' .~... . ... . .. · ~:. '. A, ~0~ CA~T~. " Present: Commissioners Crisp, .~sner,'~c~all, ~or~on, and Smith." """':' ~'' · .' Absent: Coz~issione~s Johnson and' ~'~orke. .~.' " '. . B. MINUTES .. " .... ' .."'...~ ..Commissioner Smith moved, seconded by COmmissioner McFall..that' the reading· '.'!...'ZT:..~.~......""of·the·minutes of .the 23'OCtober'1967' meeting be waived and that they be... :.."!'z.:.:..... approved as distributed to 'the' Commission; motion ~arried'unanimously." ~. .:.!.!.~...'.' .... ... .... ' ' ' ' ' .... ~:~"~'....'.PUBLIC HEARINGS "'.. ' "' " ' .....z'. .'. .. ':?' A. C-109 - Harry Margolis, Saratoga-Sunnyvale Road',·- Request'for Change 'of' Zoning !. ' from '~-1-15,000 ". '(Single Finally. Residential) to '~-A". (ProfesSiOnal - .. Administrative) '- Continued from 23 October 19671.. .' " · The Chairman re-opened the continued hearing· on C-109 at 7:3'2 P.M. The Secretary read a communication received· from the applicant's attorney (Mr. Ruffo) requesting ."... a continuance to the meeting of '11 December 1967 since committments at the Fremont' "' and San Jose Planning Commissions conflicted with the scheduled meeting of the · " Saratoga Planning. Commission.. ' Commissioner McFall explained 'that' 1) the 'applicant!s attorney requested and · ' received a continuance at the last meeting, 2) the ~.Subdivision Committee at .. .that meeting (23 October 1967) agreed to.grant.~ne continuance only and 3) the recommendation of the Subdivision.Committee is that the request for further· continuance be denied. ..' " The applicant' and his representative, Mr. Jerry Smith, (Law Office of Ruffo and'Oneto " 'Associates) were present. Mr. Smith advised.there'were no further reasons for .. the request·for continuance other than·the ones already stated in .the letter. submitted by Mr. Ruffo. Chairman NortOn advised that.'it is desirable to move matters off the. agenda as expe- "' ditiously'~.~,· as possible and since the Subdivision Committee has" prepared a rec- · . ommendation there is really no reason to delay action relative to c-109. .. commissioner crisp 1) noted that·he·could·nOt understand why the~applicant felt other meetings should take precedence over the Saratoga Planning Commission meet- ings and 2). suggested that action be taken without furtherdelay. " No one else in the audience wished to .comment. Commissioner'McFall in answer to an inquiry from Chairman Norton stated that. short term Conditional Zoning had not been considered for C-109 by the. Sub' division Committee.' Commissioner Crisp moved',. secoaded By Commissioner McFall, that action relative to the Change of Zoning application for Harry'Margolis be taken promptly and'the request .for continuance be denied;. motion carried'with"Commissioner .Kasner abstain- 'ing. -1- '~:],~'.!=,.j. '..',iL p1Zannin~ Commission Minntes 13 No\:ember. 1967 - Continued · ~ ·· Cormmissioner McFal! read the report· o.f the Subdivision Connnittee dated · ::.'.' .....'i" 13 November 1961 recommending tha~. the request for re-zoning· (C-I09) be · . '~'~'. ~ denied j"" "" At '7:43 P.M. Commissioner Cris~ m~ved, seconded by Con-~issioner McFail, -.""" .~'.' -"' that· the ~ublic hearing 'on C~109 be closed; ·motion carried unanimously. · .~ Commissioner. McFail moved, secondled by Con~missioner Smith that the Sub- division Conm~ittee Report of 13 November 1967 be adopted and C-109 be ~. denied since it does not meet 'the.objeCtives of Section 1.i 0f Ordinance . .l'-... NS-3 and the recommendation for denial· be forwarded to the City Council " .as the actfon of the Planning Co~issi0n; motion carried.with COmmissioner .... .. ~ " Kasner abstaining. · B. V-3!0.- Wayne Pendergraft', Foothill Lane ~ Reouest for Variance in Connection .~.. with Lot Width and Size Requirements Continued from 23 O~tober 1967 ""17 The public hearing relative to Vi.3'i0 was resumed at 7:47 P.Mi The Secretary · ' " i) read a communication ·received from the applicant's a~torney, I'~. ·Jack '?:../~..~ .' Fairbanks and ~) explained theft attached to the·subject communication' was i.. . a copy of. the grant deed .relative. to 'the property under consideration... · '= /:' .' Co~issione~ Crisp stated· that '2.. the ·Variance Committee requested a copy ' ~ '. of the grant deed to clear u~ some Guestions· pertinent to the existence of i'.."'.'i.' " a right-of-way into the Su~SjeCt property. '..". '...' ". ....: The applicant and his attorney were.present and .stated·that they would' like "' to reserve their comments until after the reading of the..report relative· to ~"' · V-310. .. No one else wished to. cogent. ' ."' · Co~issioner Crisp ·read the report'.of' the Variance Committee. of 13 November ' ': ~'" :~' 1967 reco~ending that this request for ~arianCe be denied ~. ...' . ... . . · · ..'. .. "~Mr. PairBanks ·'stated that all the lots (including the one for ~,~hich. the Var~ ' " iance is requested) in the gener'a~ area surrounding the subject property are · . " similar in size except for those two (2) lots indicated as .Assessor's No. :"."." ""' sixty-four (64) and ninete'en (19)' and the applicant cannot use this land for '...'... anything other than a residence. Co~issioner Crisp advised t~t the VarianCe Com~ittee felt this request .... should, perhaps,· be considered 'u~der a Change of Zoning application rather than a Variance. :..'." ".~. Mr. Fairbanks advised that at the time the applicant sold a portion of his property, the buyer (Dr. Siibe~an) wanted his lot to go back as far as the creek and so Mr.. Pendergraft agreed to sell him that much not realizing that . .: by doing this~ he was creating an. illegal non-conformi~ 'lot. · '~' .' .'i ' ~e' Secretary explained [ha~. 1)'uhder County Zoning prior to incorporation of the City,· this area did. have 10,000 square foot min~ lots 2) in 196~. .. after incorporation of the City, the zoning was changed to acre zoning (40,000 square foot lots) 3) the applicant did not divide his property until 1965 and · ' .'.. 4) Mr. ~atol Romanof was granted a sim'ilar Variance ~-252) for his property '. located on Foothill Lane, which property he had divided when the property was ~ zoned 1-0,000 square feet. ... 2'.' .. · --2-- ..-..--r....,.7..-~ ........~...~_ -. ......... .:.... '.:'i':. ' '!' ' "" Plannin~ CommiSsion ~inutes - 13 Nc~vember 1967 Continued .. · '..:..:,, -:..: · . .".i ' ~: !...~.~1'II'~B. V-3iO Continued · "7 .." ."~'?.'r.:.. ';i. . Commissioner Kasner moved seconded by Commissioner McFali to close the · ~..:::4':.:',= i,:~',.:'."'.'" ' ' · ". '.'. ".. ~ hearing at 7:57 P.M. ;. motion carried unanimously .,..:',.:.j ...:...: ...".' . . !"'!"':"""i.~.. Commissioner Crisp moved seconded by Commissioner Kasner that the · .:.,.i:~,'.,~: ....~.~.,....Variance Con~mittee. RepOrt of 13 November 1967, relative to V-310 be ..~. :.. .. . ,, .: adopted and the Variance 'be denied. in accordance with said report; .. '.~':'=,':':~"l'..".. '. ·motion carried .unanimous'ly. ' .'. i': ~' ..-..~. "'; .....'i~"." ' Chairmn Norton stated he was concerned by the' decision reached by the "..'. COmmission because of the high cost of Change of Zoning, the fact that ..-;.. . the property cannot be .put to any other u'se and since the o~mers 'of other · "' proper-ties in the same district do enjoy priwiteges which the·applicant doe s not. Con~mi. ssioner Crisp stated there were a dozen or more sites in this neighbor- hood that could be made into lots like the one proposed under V-310. He "" further stated that the reason for the acre z'oning in this area was to.. :~:~...." eliminate lots like'the one in question especially on Pierce Road. ::.?..';':~;' ".~j Chairm~n Norton stated his primary distress re'~ulted from the knowledge · . ;'. that these lots will not be. put to any good use. :,.':'.. "' Commissione.r' Kasner ·stated that he agreed .with Chairmn Norton's ·basic , ." '..' statement but did feel that a. lot of varianCe·applications have been filed '.7". " that should really have be.en change of zoning app'lications. He further ..=~. ~.. stated that V-310 was such an ap.piication..' . ; Chairman Norton informed the applicant that he could appeal 'the Planning Co~ission decision to the City CoUncil or m~ke application· for Change. ..: · ~ ...'. of' Zoning. C.' .V-31i' - Thomas .Coe, SObey Road - ReqUest for Variance in Connection with · ' ·Side Yard Setback Requirements - Continued from 23 October 1967 The continued hearing on V-311 recomm~nCed at 8:01 P.M. T[~e' Secretary..stated ... '.' ... nothing ~urther had been added to [he file .... ~. Coe'-was present and state'~ he wished to reserve his comm'ents until after the·reading of the Variance Committee Report .... No one.elSe in the audience wished· to comment. : ~.' .. Cosmissioner Kasner read the report of the Variance Co~i'ttee ·recommending :.. that the subject request'.for Variance be denied since the fjindings required by Section 17.6 of Ordinance NS-3. cannot 'be ~de. " ~: Coe apologized for not meeting the Co~ittee at the siSe'but stated he did wait unuil 2:00 P.M. on the appointed day and. nobody arrived· .for the. inspection which he Understood wa's scheduled for 10:00 A.M. Commissioner Crisp advised.' that the Com~nitte'e 'did visit the site 'at 10:00 A.M. on 4 November 1967. but did not notice any sign· of activity.' " .... Con~miSsioner Kasner stated'the members;. 'of the Committee felt it best not to knock because the~ did 'not. ~ant t'o wake'anybody. .. M~. Coe explained· that due to the terrain. on his property a two' (2) car' garage would still have to' be closer to the property line .than ~.~hat Ordinance NS-3 permits; otherwise, it would· be impossible to use.the garage. .. .. .. .. ':"7 "' . .. . .. Pianni'n~ Commission Minutes 13 November 1967 - Continued .... '.'. :'." 'Con~nissioner Kasner stated 'that 1) .he could see that if th~ garage were t~=~/.l erected closer to the house there would be no room to turn around and .. 2).. he would like to visit this' site again to m~ke a closer study of the '.'.".""7." '~' '{. After discussion, Chairman NortOn (8:07 P.M.) closed the public hearing ~. '. for the evening and directed V-3!! continued 'to' the next regular meeting. ., =. . . and referred Same to the Variance. Co~ittee for further study.. ..'.'. i'. ..' CommisSioner' Crisp, on behalf of'the Variance Co~nittee, arranged an ~/." ~' "" "' appointment' with ~. Coe 'for another on-site inspcetion of the property · ..l.. "'~"" .'.. 'on Saturday,. 18 November 1967 at 9:00 A.M. .'.~ .l ....."'. D. V-312 '- Lewis Gobble~ Glen Brae Drive - Request for Variance in Connection' .,-'..,~ . .~ · ... with 'Lot Size Requirements '="" "'=" The hearing relative to.V-3!2 was 'opened at 8:09 P.M. The Secretary stated "=......~, 'that the No~ices. of Hearing Were ~i!ed and 'then explained that a Variance. "'f".'.'.' "' 'is necessary in order 'to comply with the Zoning Ordinance which establishes ..~ '.=".l.'.' 80,'000 square feetas the amount needed for the operation of'a ~-H Project. Commissioner Crisp indicated that this request was similar to the request "~" ' · ". dealing with lot. s~ze. submitted by t.~ Pendergraft "~""' """"" The Secretary, in answer to an inquiry from Chair~n Norton, stated a =".".'= ~" letter submitted by ~s. 'Gobble (Project Leader) .explained the reasonS' for this Variance r~'quest 'and 'its. Connection with the 4-H Club.. He ' : further stated that the applicant requested permission to start. with three " " (3) rabbits and acquiring about twenty-three (23) more by F~rch' at which · =~ '= ~ime .they will be sold. ' ~ "' chair~n NortOn stated 'he was :concerned with the results if the rabbits """' "" "' The Secretary stated he discussed this request with the City At't~rney and · .~.. ".=..:i " he felt that i). no alternative e.xisted but for the applicant to 'ti-y for · .:.-=- ' ..'. a' Variance or for the Planning. Commission to amend the' Zoning. Ordinance "" ~"' and 2) many more requests for this type of project will be forthcoming "'... . from the 4-H Clubs. ' "~. '."' .~ ~s~ .Gobble advised that .'l) this was a newl~ 'formed project 2)' it is not -.'. ... .directly connected with the school '3.) it is cared for on an individual 7.1 .. ..-. basis 4) .there 'are (5) members i~ her club three (3) of which have an acre '~[ :' .l.' .'l':7' .. lot and two (2) of which have' less than an acre and 5) her 'lot is one of · =. " '.'. " the ones that does not meet the acre requirement. ..,... .D... Co~issioner Crisp stated 1) he would like 'to take this under Consideration ,'.... to see, if some kind of a Conditional Use could be arranged in an R-I Zone .......'..'.....'~.'.. ~. ... and 2) he would like to discuss the ~tter with the Variance Com~ittee and' '.,..'.....' .. .. ... the City Attorney. """" '. Co~missfoner Kasner stated he .Would be opposed to a. Conditional Use of this. ' nature " ~""""""'~' "" "' Chairn~n Norton advised' that a Conditiohal. Use cannot be added to the list L..l,l.~ ~........ of Conditional Uses.already included in Ordinance NS-3 Under S~ction 3.3~ v"..':....". .' At 8:19 P.M. Chafrman Nort'o~' closed the' hearing for the evening', directed c.......'..~." V-312 continued to the next regular meeting and referred same to the Variance "' Co~ittee. for Study and a report. ...... , ~, ... .. ._,. ... · i'.'/.7:..... i:,'. ' ~,., . . .'. . c- RECESS AND RECONVENE ' """ ili. BUILDING· SIT. ES AND SUBDIVISIONS '. .... A.· ·'SDR-7i0 - B. T. Gateb, Seagull Way.-· Building· Site Approval '- 1 Lot -. Continued from 23 .October 1967· Commissioner McFall stated that 1) . SDR-710 was 'scheduied'·for consideration at the same· time as the application for Varianc~ (V-305) which was necessary in order' for the applicant to obtain. BUilding· Site Approval ·for 'SDR-7iO ·but which was denied at the ~,~eeting of 25 September 1967 ·2) the applicant·indicated · .~ ... at that time ·that he would· submit revised plans for' SDR-710 which would· not · ·' require a VarianCe 3) ·at the'lastl meeting 23.· October 1987 the applicant re- ..., j. quested an extension to 23 November· 1967· and 4)· the revised plans have not been received and unless a letter requesting a further extension is submitted "".' = prior to 23 November ·1967 the subject application will ·'expire~' · ""' .' The· SeCretary explained that he ha.d·discussed (With the· City·Attorney) .the subject applicant's requeS·t to appeal to the City Council and ~.;aS···infOrmed · that the time allowed for ·appeal had lapSed. ~ ~k-. Ted Galeb was preSent·and inqu'ired what·h~ could 'do to .bring this.· matter · ' before the City Council. The Chairman.- stated that this request.· could be brought up at the· City· CounCil meeting under Oral CommunicatiOns. . ~. Mr. Ted Galeb stated that i't s~'emed Unreasonable to demolish a newly constructed ..:. building to provide an 85' frontage 'when othei~s" in the area were providing only 75' "' Chairman Norton explained that a ]~tter 'of e}rtension was. needed or the appli- .. cation 'for Building S~te Approval would have to be denied before it expires. " After discussion ~Ir. Galeb 'submitted. a letter granting a 45 day extension. for .SDR-7 10. · · .' · Chairman Norton then directed that.· t'he subject.app'lication be continued tO 'the next regular meeting., ' " B. SDR-72~ - Ray E Bieber ~ike Road - Building Site Appro.va.1 - 1 LOt - .. ·Continued from 23 October ·1967 " Commissioner McFall stated that i) the applicant at the last meeting rec;uested .. a continuance to allow time to confer with the Subdivision Cozr~ittee regarding Condition II-G of the Building· Site .Com~nittee Report dated 23 October 1·967 · .. 2) the applicant has been ~equired to widen Pike Road from hi~.~' property .lir:e · to Pierce Road which is quite some distance 3) the applicant=realizes the importance of t. he Pike Road improVe:nent.s but does not feel that: such a large amount of the road should be his responsibility and expense· alone .... ;.. ~ ..:'.!. .~ '. . . · ,'.. ~... '.. '2.' ,. ,.....', .=:;Plannin~ Commission Minutes - 13 NoVember i967 - Continued =':.:.. :.'.'.'. ,. ".,iZ.. .::".,'. ': :'.'.. ;'=:,:=.:.. 'z=LB'.SDR-TZl - '.:, ,4...~'..~ ';,... · .. Z:,;'.Z'~':'...':..' . the other residents of the area' ~a8 pool the costs of ghe subject i~prove- .~ ',.'.....'.~.'. ,. ": 'road improvements. """""'.". The Secretary, in answer to an inquiry from Chairman Norton, stated that . ..".."' it is necessary for the applicant to request modification of the proposed '..' ': :."'.' .' conditions 0f approval from the Planning Co~ission before taking the " '. "... before the City Council. .:' .' .'.'. . At this .time the applicant requested permission to .submit a ~itten request '~.....'. .....':~ for modification of Condition II-B. for consideration' later on the agenda · · .:.. ..' under New Business. '. · .:'..~ ". ,. . ..... :. Chair~n .Norton so directed. · ~ Co~issioner McFa~l moved, seconded by Commission Crisp, that the. Building '.""" ' ."' Site Co~ittee .Report of 23 October 1967 relative to SDR-721 (with Note ' -".:' ..' 'mking special. reference to Condition II-B) be adopted and that the tenta- tive mp (Exhibit "A", filed 16 Oct6ber '1967) be approved subject to the · :.. .... ': conditions set forth .in said report; 'motion carried Unanimously. .".' :......... .. ~. SDR-722 -' George Somps, Saratoga Hills Road - Building Site Approval - 2 Lot s : ..... . ....: Co~issioner McFali stated' tha~ 1) the Subdivision Co~ittee had completed · their report 2) the applicant had met with the Subdivision Co~ittee and '...' .. expressed .dissatisfaction with Condition ZI-I of the report of 13 Nove~er ... 1967 regarding i~rovement on SaratOga Hills Road since this condition :... ' had not been imposed on. the expired Building Site Approva! (SDR-393).. ....'.' ~.. :. relative t'o this property.. · ' ':~ "" Chairran Norton advised that at this time this road needed improvements ::' for reasons of safety. .': The applicant stated thaC 1) he felt the road width requirements were '~..'. excessive when compared to the requirements proposed under SDR-393 2) a one · .. (1) year extension ~s granted for SDR-393 2) during this one (1) year period the reminder of the improvements required were completed .on the · ..', subject property and 4) he ~s under the impression that he had met all ' the approvals and did not realize' that he had to go to the City C6uncil · ..'.' for final approval; therefore,. SDR-393' expired after the one (1) year " extension. " " ~e Secretary advised that had this file gone before the City Council a two (2).year extension would have been possible ..... .'... . ~. S~ps explained that 1)' he thought. he had only to pay a storm drainage fee of $450..00 to 'complete the cities' requirements and 2). he felt he had · " · .. .. done a.first class job'with the ifipr'ovements on this pr'operty. :. Co~issioner MCFa'll advised 'that ~he SubdiV~sion'Co~ittee did agree modify .Condition II-H and'II-I in order to defray the cost of improve- .... merits relative to this application. .,'.:"'... .. ..' .. i..' '..: .. 'Plannin~ Commission Minutes - 13 November 1967 - Continued """""' '~'~ III~ C. SDR-'722 Continued ~....'!" "7 Mr.' Somps explained that. 1) the. amount'of $3200 for road improvements .~:~:~.' :.... ...~.'..! ...." .. would be in addition to the improvements already made on this property !...L.:'.: ~..' ' 2) Saratoga Hills Road has been a private road for about twenty (20) ..:.~......'.' years 3). it has been supported by the residents in!the area that use .~'.:'.'ii.'."""~".. the road 4) he is a iproperty.'.'ow~ern~in the'area "and ha~.paid ~for ~the up..' ,.: keep of the road all these years 5) the pu'biiC has never been denied =.:.."..' use of this privately maintained road and 6) he would like to' request, .... ~. that SDR-722 be approved.under the Original conditions required'in'file SDR-393. "" .. Chairman Norton'suggested that'Mr~ Somps approach the people'in the area to.'help pay for the required improvements.. " "" Mr. Somps'stated that he felt it'would be useless to Fake such a .request. Chairman Norton'then .stated that two (2) different policies could.be' considered relative to. SDR-722: .... 1) previously expired approved application.could not justify violations " relative to application filed on the same property at a"la'ter date and 2) no change could be made in newlyproposed conditions in order. to correlate them with the old application. .... Connnissioner Smith stated that it was not possible to hav.e'zwo policies' regarding one application.. Commissioner Smith stated that' the Committee would find it difficult to recommend any deviation from the conditions stated in the Building Site Committee Report of 1'3. November 1967.. .. "' Chairman Norton informed the'a~plicant that if the proposed conditions .. are approVed, it would be possible to request a reconsideration from the.. Planning Comission and after their. recommendati6n it could be taken 'to "' the City Council for consideration. - .... Mr. Somps requested that the BUilding Site Committee .Report be 'appr0ved and that his plea for reconsideration for modification be taken up later. on the agenda under New Business. Chairman Norton so directed. Commissioner M~vail moved, seconded by Comissioner Smith, that'the Building Site Committee Report of '13 November 1967 relative to SDR-722 be adopted · '- and that the tentative map. (Exhibit "A", filed 24 October 1'967) be approved. subject to the conditions set forth in.said report; motion carried unanimously. .. D~ SDR-72j - Delaplaine McDaniel, Ten Acres Road - Building Site Approval.- " 1 Lot The applicant was present and expressed satisfaction with the proposed conditions of approval. "' """ Commissioner McFall moved, seconded by Conmissioner Crisp, .that the Building Site Committee Report of 13 November 1967 relative to SDR. 723 be adopted .ar~ that the tentative map (E~hibit "A-I", filed 13 November 1967) be'approved subject to the conditions se.t forth in said report; motion carried unanimously~ E. SDR-724 - Jerry Jordan~ Miahaels Drive - Building Site Approval - 1 Lot Mr. Jordan was present and expressed satisfaction with the prOpoSed conditions of approval. .. -7~. ="r... Plannin~ Commission Minutes - 13 November 1967 - Continued "~"'.-' ~'..' III. E.".SDR-724'- Continued , ....~'...." Commissioner McFall moved, seconded by Commissioner Smith, that the .L~:' '~ Building Site Committee Report of 13 November 1967 relative to SDR-724 ':". "', be adopted and that the tentative ,map (Exhibit "A", filed 27 October · '.~" '.-Z. . .1967) be approved subject to' th~ conditiQnsset forth in said report; · ':. motion carried unanimously.. · .. ..' IV. DESIGN REVIEW ..... ='.. '?:'!': ....... A.' A-266 -. City of Saratoga, Fruitvale Avenue - Final Design Review - Addition ;. ! to City Hall and Council Chambers .".' The Secretary 1) requested thatTthis n~tter be continued to await the sub- ... mittal of revised plans and 2)"'eXplained"'.that construction consisted of ." " "' the addition of a new wing and a new roof for the existing City Hall to ... match the new wing and the City Council Chambers. ... .." Chairman Norton then directed that A-266 be continued to the next regular ..:. ;".. meeting and referred same to.the Design.Review Committee for study .... ',V.' CITY COUNCIL REPORT ' Commissioner Kasner gave a summary on!items reviewed and action.taken at the. City Council meeting 'of 1 November 1967, 'with emphasis on the following item:. Approval 'of OrdinanCe NS-5.17 relative to park sites and 'collecting fees from.same. ." ..' from subdividers. building in the City~ 'VI. NEW BUSINESS A. UP-136 - B. T. Galeb, Saratoga-Sunnyvale Road - Request for Modification of Temporary Use Permit for King Dodo Playhouse Outdoor Theater The Secretary explained' that 1) Hue to bad weather the drama group must move to temporary inside quarters'sinCeltheir~ permanent building has not yet.been constructed and 2) 'they would like.to use the Detour Antique. Shop for the above mentioned. Use. In answer to an inquiry from Chairman Norton'the Secretary stated he had inspected the Antique Shop with the Fire Marshall and the Chief Building Inspector and found some necessary minor improvements which the applicant indicated he would make. ' 'Commissioner' McFall stated that 1) the Subdivision Committee ~.e'viewed this request 2) the Committee found' that no indication bf'time limit was mentioned relative'to'vacating the Antique Shop for the pern~nent location.3) the Use Permit involves a condition that permits use of the outdoor theater only'until the.indoor theater is completed and' 4) the Committee would. like to'meet with the applicant to discuss the length of time they plan to'use the ;temporary., indoor theater. In answer to an inquiry from Chairnmn Norton, Mr. Ted Galeb stated that 1) the .length of time the indoor theater will be used depends on how"' .' soon the permanent indoor t. heater. can be completed and 2)..the group .... would like to begin their performances.on 1 DeCember '1967 in the.temporary indoor theater. After discussion Chairman Norton directed-that UP-136 be continued 'to the' · ' next regular meeting and referred same to'the Subdivision Committee for o study. .. -8-' · l'·· ·' ·Planning Commission Minutes - 13 November 1967 - Continued · .r.:."v VI. B. SDR-721 - Ray E. Bieberi Pike ·Road '- Request. for 'Modification 'of Conditions "": "'~' Commissioner McFall moved, Seconded by Commissioner Crisp, that the reouest for modification of Condition II-B of the Building Site Committee Report of ~: 23 October 1967 be denied and ·that this recom~nendation be forwarded to the '! .... City Council as the action of the Planning Commission; motion· carried · '....'". C. SDR-722 - George Somps, Saratoga Hills Road - Request·for ModificatiOn "'!' of Conditions Commissioner McFall moved, seconded by .Commissioner Smith, that· the request· for modification of Condition Ii-I of the Building Site Connnittee Report of 13 November 1967 be denied and that this reco.n~aendation be forwarded to the City Council as the action of the Planning Commission; motion carried unanimously. VII.' OLD BUSINESS -.. .. A. SDR-712 - Jerry Jordan, Michaels Drive - Request for ModificatiOn of Conditions - Continued from 23 October 1967 The Secretary explained that 1) this request ~s for the elimination of underground utilities and 2) the·applicant requested that this matter be continued since he was still awaiting.further information from P G & E.. Chairman Norton then directed the matter continued off the agenda until such time as the applicant received ·the·necessary information. :. Commissioner.McFall stat'ed that the Subdivision Com~ittee Visited the site .. and were prepared to make.a recommendation at this time. .. ... .. Mr. Jordan ·inquired if the amount charged by P G & E would Fake any difference .... in the Committee recommendation. Commissioner McFall stated that 1)'it would not make any difference since the current policy is to require underground utilities and 2)-~'-'these"Utiliti'eS'..~ill sometime 'in the future serve four (4) sites and the. cost will be divided eventually among the four owners of the sites. '. Mr. Jordan advised that P G & E does not give rebates on underground'utility~.~ ins ta 1 lat ions. Commissioner McFall moved,· se'conde~ by CommiSsioner Kasner, tha~ the request for: modification of Condition II-H .of the Building Site Committee Report of '.. 11 September 1967 be denied and that·this recommendation be...forwarded to the"' City Council· as the action of·the·Planning Commission; motion carried· unani- · mous ly. .. .VIII. COMMUNClATIONS .. .. "' A. WRITTEN . · 1. WESTBROOK IMPROVEMENT ASSOCIATION Commissioner Crisp requesteH, On. behalf·of the General Plan 'Committee, ., .... that d date be set aside for discussion·regarding annexation of the.area represented .b~.the WestbrooR-~Improvement Association which is. located " ...along the Northern boundary of the City .of. SaratOga. . . .. PlanninS commission Minutes - 13 November 1967 - Continued "'.!i~.'''I=';';:~'~' "' Chairman Norton inquired ~y it w~s necessary to hold a public l"..:.~?~.' '.l=. '.' hearing for people who were not residents of the City. l~.l.~!·i~.~··;i~.l· Commissioner Crisp expalined that he, along with Commissioner · · O'Rorke, had had requests from residents in this area for a ~j~..!.:~!:.::.~.~. public hearing for the purpOSe of discussing matters relative · to annexation. Mr. Thurner, President of the Westbrook Association, was present .... ':z·· and stated he and the fellow members of the organization would· ':..'.:' .. appreciate a public hearing to discuss. the subject proposal. ' "' Chairman Norton then directed that a Notice of Hearing be published and a'hearing be'scheduled for 11 Dece~er 1967. He further directed that a letter be forwarded to the West- brook. Improvement Association informing them of the scheduled meeting. · ':'.i" .. 2. SDR~634 - Roy M. Wes'tly, PrOspect Road -"Request for Extension .'. .'." The Secretary read a letter submitted by ,Mr. Jerry 'Gurley, on ,, behalf.of Mr. L. Bo Nelson, requesting an extension of SDR-634 ."".. for one (1) year. ~, .. After discussion, CommisSioner McFall moved, seconded by Commissiener ".. Crisp,.to grant an extension of one (1)yea'~.~'relaWive:L~oT, SDR-634.~-~:motion · ' carried unanimously. '. : .B. ORAL ,. ":' Chairman Norton acknowledgea, with'pleasure',"the presence of Counci!m~'n Burry, Mrs. Stark and Mr. Metcalf of the Good Government GroUp, and.~s. Ottenbergof the League of Women': Voters. He, also, expressed appreciation .. to Mrs. Stark for the coffee served at recess. · ' IX. ADJOURN~ : The Chairman declared the meeting a~jour~ed at.!Q':43 P.M. ..' Respectfully submitted, 'Stanley M.~er,' Secretary ' Saratoga.Planning Commission CITY OF SARATOGA'PLANNING' COMMISSION .. AGENDA TIME: Monday, 13 November 1967~ 7:30. P.M. PLACE: City Council· Chambers,. Fruitvale Avenue, Saratoga,.California TYPE: Regular Meeting' ' ......... 'I. ROUTINE.ORGANIZATION " A. ROLL CALL B. MINUTES IX. PUBLIC HEARINGS A. C-109 - Harry Margolis, Saratola-Sunnyvale Road - Request for Change of Zoning from "R-l-IS,000" (Single Family Residential) to "P-A" (~rofessfonal-Administrative) - Continued from 23 October 1967 B. V-310 - Wayne Pendergraft, Foothill Lane - Request for VarianCe in Connection with Lot Width and Size Requirements - Continued from 23 October 1967 C. V-311 - Thomas Coe, Sobey Road - ReqUest for Variance in Connection with Side Yard Setback Requirements - Continued from 23 October 1967 D. V-312 - Lewis·Gobble, Glen Brae'DriVe - Re'qUest for Varianc~ in Connec~ tion with Lot Size Re.quirements .. E. UP-142 - Lewis Gobble, Glen Brae'Drive - Request for Use Permit for the Keeping of Rabbits.for 4-H Project . . III.. BUILDING SITES AND"'SUBDIVISIONS ' A. SDR-710 - B. T. Galeb,. Seagull. Way. ~ Building Site Approval - 1 Lot - Continued from 23 October B.' SDR-721'- R~y'E.' Bieber, Pik~ Road - Buildi~ Site Approval - 1 Lot C. S~'-722 - George Somps, Saratoga Hills Road - BuildinZ Site Approval " - 2 Lots D .... SDR~723 - Delaplaine McDaniel, Ten Acres Road - Building ~ite Approval - 1 Lot E. S~R-72~: Jerry.Jordan,.. ~ichaeis Drfve.~ Bu~ldin~ Site..Appr0val - 1 Lot IV. DESIGN RZVIEW ..... : ..... ' ....... A. A~266 - City. of Saratoga'~ Frui~vale Avenue -'Final DeSign'Review - Addi- tion ~o City Hall and Council Chambers V. CITY COUNCIL REPORT .. .. VI. NEW BUSINESS ...... A. UP-136 - B. T. Galeb, SaratogaLSUnnyvale Road - Reques~ for Modification of' Temporary. Use Permi. t for Kin~.D~do Playhouse. Outdoor Theater VII. OLD BUSINESS A. SDR-712 - Jerry Jordan,-Michaels Drive - Request for .Modification of Conditions -.Continued from 23 October 1967 Planning Commission ._Age_nda - 13 November 1967 - Continued VIII. CO~{vRJNICATIONS A. WRITTEN B. ORAL IX. ADJOURNMENT -2-