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HomeMy WebLinkAbout04-28-1969 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION , MINUTES TIME: Monday, 28·April· 1969, 7:30 PoM. PLACE: City COuncil Chambers, Fruitvale Avenue, saratoga, california TYPE: Regular· Meeting ·· ·· 'I ~ ROUT INE ORGANIZAT !ON A. ROLL CALL " Present: commissioners Bacon, Crisp, Kraus, Metcalf, Norton, and Smith. Absent: Commissioner Lively. · B. ·MINUTES Commissioner Smith moved, seconde, by Commissioner Metcalf, that the reading of the minutes of the 14 April 1969 meeting be waived and they be approved as distributed to the Commission Subject to the following changes: · page 5..' ~under. III. B. SDR-806.. .de!e.t_.e page 5.·..under III. B. SDR-806.. .change paragraph 5 to read as follows: "The Secretary stated th~t"Lot'2 is the worst· 10t with the · . steepest slope of 25%j""'i .......... page 6. .under IiI. B. SDR-806.. .paragraph 7. . -.change lines.3 and 4 to read· as ·follows: ; .. "what the average lot slopes are; motion carried unanimously."; page 10. . .under VIII. B.. .paragr.--.Dh 1. . .line 2. . .change the first "the" in the Sentence to "that" and .li~e 4. .change "apratment" to "apartment"; motion carried unanimously. II PUBLIC HEARINGS A.· C-123 - Laszlo Sipos, Allendale Av'enUe - Request for Change of Zoning from 'i'~R-i-40,000" (Sing].e Family Residential)' to "R-I-20,000" ~Single 17amily Residential) - Contlnue,d' from 14 April 1969 . ~,... . . The hearing relative to C-123' w~s'~e-o~ed at 7:~37 P.M.'~'The S~Cretary stated r.~.at n,~:~i'i.~ing new had been added '~zo' the file." The applicant ~ms not present. !i,"o one in the audience offered any comments~ · .:.=e Secretary read the Staff Report dated 28 April 1969 reconm~ending that ~:~.e su'~.~i~2ct c~:ange of zoning (C-!23) b-~ recommended 'to the City Council for ~.: p pr ova '~: ~ Cc,~mis~r~]_L',n,~!r Smith moved~ seconded by Cor,~.missioner l~acon, to ci.::=~ t~e hearing re!ati~..= to C-123 at 7:40 PoM.; motion carried unanir~;ot~sly. Cornmiss, loner Sraith moved, seconded.by Commissioner Baco~.z., t~-:a.z t~.c Staff Report ,~f 28 ~:tl~.~ril 1969 be adopted and ti'~t ~l~.e ~ubject reouest fc, r ci~.ange of zoning ~C-123) be reco~ended to the City ~Council for a~'~.~ sn ~t~ ~iasis that the ~pplication is compatible wit~ a~tion zaken on similar properti~ in the area and the request is in conformancc~ with the 1968 General Plan; mc::~ion carried u~nimc, u sly. ' ' PlanninS Commission s - 28 April 1969 - Cont II. B. V-325 - Pacific Telephone and Telegraph, Congress Spring Road'- Request · - for Variance in ConnectiOn with Overhead Power Lines and Poles - .. 'Continued from 14. April 1969 The hearing relative to V-325 wag resumed at 7:42 P.M. The Secretary stated that a. letter had.been received from Mr. J. Bo Watson, Assistant District Engineer for the Division of Highways, stated that. l) they intend to rebuild two existing bridges over Saratoga Creek 2) it would be impractical,.at this time, to. install the PT&T C0mpany's.cable within the existing two bridges that are to be reconstructed and' 3) the PT&T lines should be permitted to cross the two bridge locations on a temporary overhead line with the understand- ing that the line would.be located within the new bridges at the time of '.'construction. Mr.' Nick Roden, PT&T representative, was ~resent and stated he had no · ~...further comments.'. No on~ else present wished to comment. Commissioner Crisp advised that 1) the Variance Committee did not consult with the City Attorney relative to this matter in view of the letter received from the State Hi'ghway Department and 2) the Committee did meet with the 'representaive of PT&T, Mr. Roden, and he is in accord with the decision reached by the Variance Committee. Commissioner Crisp read the Variance Committee Report dated 28 April 1969 recommending that 1)' a Variance. be granted (for a period not exceeding the end of the 1970-71 fiscal year) in the case of the two bridges' to be reconstructed since the.findings'required by Ordinance NS-3, Section 17.6.can be made and 2) approval of the the Variance'request for the third bridge not be granted since it will not be rebuilt commissioner Sx,~ith stated .that in paragraph 2. .line 61 . .of the subject report....."8 miles" should be changed to read ".8 miles". .At 7:48P.Mo.'. Commissioner Crisp. moved, seconded by Commissioner Smith, to close the'hearing in connection with V-325; motion. carried'~,Unanimously. Commissioner' Crisp moved, seconded by Commissioner Kraus, that the Variance Committee'Report dated 28 April 1969. be adopted, as amended-,~nd the subject request for Variance in connection'w~th two bridges be,,,'g/rante~ since the findings required b~ Ordinance NS-3, Section 18.6 can b~'ma'd~ an.d. the request for Variance relative. to the third b~idg~ not be approved; motion carried unani- mously. C. V-327 - Ditz-'Crane, Cox Avenue -iRequest fo~ Variance in Connection with 12-KV Transmission Lines'and Poles - Continued from 14 April 1969 Chair..~an 'Norton re-opene~ the hearing in connection with V-327 at 7:50 P.M. The Secretary briefly reviewed this application and stated nothing new had been added to the file. ~. Bob Crane, present to represent the applicant, stated that 1) high voltage lines (60-KV and 12-KV) are on the same side of Cox Avenue where Ditz-Crane is subdividing.3) there will be no lots from the applicant's subdivision facing Cox AvenUe 4) the subject poles must be r'e-located only because the applicant is required to widen Cox Avenue 5) the new underground ordinance required that power lines of 34-KV and less must go underground 6) the poles will carry 60-KV in addition to 12-KV. lines 7) .the ordinance requires that 12-KV lines go underground whereas 60-KV lines may go overhead 8) the appli- cant fails.to see any reason why!12-KV lines cannot hang on the same pole 9) even if the applicant complies with the ordinance there will still be some other power lines overhead on Cox 10) this is the same Situation that exists in front of City Hall 11). if the applicant is required to install · the 12-KV line underground it would seem he is spending money without any benefit to'anyone 12) the applicant wishes to cooperate in beautifying the city and in fact installed underground utilities in the City before they had an ordinance requiring' same.13) the subject line really has nothing to do with the subdivision involved 14) while the applicant appreciates the desire -2- Pianning_Conmnission Minutes - 28 April 1969 - Continued II. 'C.i V-327 '- Continued .'of 'the City to some day hav~ complete underground facilities he does " not feel that people buying. his homes should bear the burden of the additional cost ·15) . if complying with the proposed requirement would eliminate all poles and wi~es along this area the· applicant could see .. spending the $8,000 in costS, but after. all it would do no good except raise the price of the homeg in the subdivision. The Secretary read. the Staff Report dated 28 April 1969 reconnmending .. that the subject request for Variance in connection. with V-327 be denied · Commissioner Smith stated 5hat 1) he agreed with the subject report 2) 'he has driven by this area and there are a great number of undesirable' wires there and 3) if this ~ariance is granted it will se~ an undesirable precedent relative .to the underground utilities ordinance. Commissioner Crisp stated· that the City may as well not ha'9'e.an ordinance if it is not going to be enforced. CoL.~missioner Kraus advised that this particular area involves a difficult decision because there are e.xisting overhead wires and poles all over the area. i. 'Chairman Norton stated that l) the applicant should' not feel that the City is not concerned with the cost of development; however, the Planning Commission cannot base its opinion on cost and 2) the comments of the other Con~missioners indicate that the fewer lines overhead in. that area the better. .' Comanissioner Crisp advised zhat, he felt, anyone inspecting the subject area would agree that enforcing the underground ordinance in this case would'be a distinct improvem6nt. Commissioner ·Smith moved, se;ionded by Coraraissioner KraUs, ~o close the hearing for V-327 at 8:01 P.M.; motion earri'ed unanimodsiy. Con'Jnissioner Crisp moved, seconded by Commissioner Kzau's, that the Staff Report dated 28 April 1969 b~ ad.opted and that the subject Variance be fd%/n'~ed since the findings required under Section 17.6 of Ordinance NS-3 cannot be made for the reasons s.t~te.d in said report; motion carried unanimous ly. , ,. D. V-328 - Pacific Gas and Electric, Kittt'idge Road - Request f'of Variance in Connection with Unde~r~rpund Electric Faci!ies , Chairman Norton opened the hearing relative to V-328 at 8:02 P.Mo The Secretary stated that the Not:ices of Hearing had been mailed and explained · ~hat the Variance is needed t!o provide power facilities for the water tanks located in this area. : The SeCretary, in answer to an inquiry from Chairman Norton, stated that· if an easement from the property o~mer could be obtained a Variance would not be needed and the new wire could be put on the old pole. I~z. Cowan·, present to represent PG&E, stated that 1) the applicant has ~=n requested by the propertyZ,owaer in this area (Dr. Quickerr) *~o waive underground utilities for the'. 3-phase line which is needed ·rto serve the 3-phase line on the ridgei 2) Dr. Quickerr advised that he felt the roadway is Unstable due to slides and he does not want any excavation along this road 3) there is an existing pole which could serve as an · anchor if the lines were put across the Quickert property but Dr. Quickerr does 'not wish to grant the needed right-of-way across his property and 4) the only alternative. was [o apply for the subject Variance. -3- Planning Com~nission Minutes - 28 April 1969.- Continued ii. D 'V-328 - Continued · ..'.. ~. 'Stiles, Saratoga resident, inquired if PG&E had expressed an opinion relative to undergrQun~ utilities. Chairman Norton advised that PG&E has been. in favor of installing '. '.. .underground utilities, but there has been some discussion in this ~ area as t'o who is really re~ponsible'.for-lthe existing condition "....'.. and there may even be litigation between Ire. Quickerr and his ' ""' ' ." · 'ne ighb or s .: " · Con~nissioner Crisp, 'on'.'.bebalf of the Variance. Committee, arranged '. ... for an on,site inspection of the property with Mr. Cowan for 9:00 A.M. .. on Saturday,' 3 May 1969. "Chairman Norton (8:09 P.M.) closed the hearing for the evening, .. l'.' referred V-328 to the Variance Committee and directed same continued ". '. to the next regular meeting~ E. 'I~YOR~v~L HEARING - Request ~0 Add Glass and Screen ShoP' as a'Permitted Use in the "C-V" (Visitor-Commercial) Zonin~ District .. The Secretary stated the Notices of Informal Hearing had been published · '-.". andno new communications were received. ' ' :" M~.'StevenSon, one of the applicants, was present and stated that he would be selling auto'glass~ exterior screens, aluminum and wooden window frames, etc. No. one else present wished ~o comment. : ....; ..:.: .. The Secretary read the Staff Report dated 28 April i969 recommending that Glass and Screen Shop be added to the list. Of conditional uses · ..in the ;"C-V" (Visitor-Commercial) Zoning District. After discussion, Chairman Norton closed ',the...InformaI~Rearing' ' Commissioner Smith moved, se'conded by Commissioner Bacon, that the .. Staff Report dated 28 April ;1969 be adopted and that'Glass and Screen .'.' Shop be added to the list of Conditional uses in the "C-V":(Vig'ft'g~" .... Commercial) Zoning District ifor the reasons stated in'said ~report; motion carried unanimously. ~ .... F. SLOPE DENSITY ORDINANCE - R~visig~ to ,Ordinance NS'~5.8,.i~h'e',Subdivision :' .... .. " Ordinance of"the City of Saratoga'a'nd Ordinance .' ' NS-3, Section 4.2 and Section 4.5d, Zoning Ordi- '..' nance of the City of Saratoga Relative to Slope · . .. Density Regulations for Hillside Residential .. Development ChairF~n Norton opened the hearing at 8:16 P.M. The Secretary stated that the Notices of Hearing had been published and a communication · . relative to slope density and dated 21 April 1969 had been received fromthe City.~ttorney. : .. .. Chairman Norton'explained that the slope density ordinance in reality means that the steeper the land the bigger the lot that would be required and the ordinance w6uld apply to property where a slope is · . more. than .10% and if the slope is more than. 40% it will not be possible to b'uild'in that lot ~~lng the aize of 'the'property. Commissioner Smith stated that, he felt, this matter needed further study and recommended that the matter be continued and referred to Committee. '7.' .: Planning Commission Minutes - 28 April 1969 - Continued !I.. F...SLOPE DENSITY ORDINANCE - Continued }~..Bill Heiss,. Saratoga property o~mer, stated that he wondered about .the necessity for this type of ordinance. Chairman Norton answered'that th~ City will endeavor to protect the hillsides .from excessive development.through.enforcement of the subject ordinance. }~. Heiss stated that 1) he bui~lt on his own'hillside lot without any difficulty and 2) the proposed. ordinance would have added 20,000 square feet to his lot .without adding to the use of his property. Chair'man Norton explained that the prime purpose for the ordinance is to protect the hillsides from excessive cutting and grading and will not affect existing 'home owners in the hillside areas. ~. Heiss stated that he agreed With the p~inciple of the proposed ordinance · but he wondered if the method proposed.would be a workable one and' 2) the developer of hillside lots must already submit a site devel0pment..plan under the existing ordinance. .. Commissioner Smith= stated that the existing ordinance regulates hillside subdivisions; whereas, the.prOposed ordinance would Sis0 regulate single hill- "side lots. l~s..Ottenberg~.League of Women V6ters, read a communication stating that the' League. supported the proposed amendment relating to permissable lot size in connection with the slope of the land., Chairman Norton closed the hearing for the evening at '8:25~zre~erred the ma~te~ to the Subdivision Committee for study and directed'the proposed ordinance amendment Continued to'the next regular meeting. III BUILDiNG/SITES AND SUBDIVISIONS · . A./.SDR-801 -"Harry Leonard, Saratoga,Los Gatos Road .,i'-Buil~ing~'Site Approval - 1 Lot - Continued from 14 ~pril 1969 · 'The Secretary read aIletter submit.ted for Mr. DempSeyby Mr. M~ynard requesting that'~action on SDR-801 be tem~orariiy.postponed...The Secretary further stated that via a telephone conversation with Mr.~Dempsey he understood .t.hat Mr. Dempsey ..wished to withdraw the subject app~lic~,~ion~ ... .. .The .Secretary, in answer to an inquiry~ ~rom.~omm{ssioner'~Smith'~..'s~ated that ' 1).'SDR-80I will have to be denied!unless a ietter granting an ex~e'nsion or requesting a withdra~ml is received and 2) he felt, that Mr. Dempsey would rather request'a withdrawal. Commissioner Smith moved, seconded2by Commissioner Bacon, that SDR-801 be 'denied unless a'letter of withdrawal or a letter granting an extension of time is received prior to 9 May 1969; m6tion carried Unanimously. · . B. SDR-806 - Ed Williams, Ten Acres Road - Building Site Approval - 3 Lots - Continued from 14 April 1969 Connmissioner Smith stated that 1) .the City Attorney submitted an opinion stating that the proposed slope density ordinance cannot be enforced relative to $DR-806 Since a proposed.ordinance ~is'in no manner enforceable prior to its effective date 2) the Subdivision .Committee has already considered the subject application on the basis of the existing ordinance and 3) Commissioner Bacon has been involved in long hours of ~study in order to .report'possible application of".the proposed slope density ordinance. "Commissioner Bacon, in answer to an inquiry from Chairman Norton, stated that "'the.subject three lots have a slope: of 3.1.'3%; therefore, the lots have a slope .' ~ .. of less'than 40% which is the maximum allowable. Planning Commission -23'April 1969 - Continued Iilo B. SDRiS06 - Continue~' The Secretary, in answer to an i~'quiry from Commissioner Metcalf, stated that there is more available property in this area, but it is not owned by the applicant. Commissioner Smith, in answer to 'an inquiry from Chairman Norton, stated that 1) the Subdivision Ordinande clearly stated what can be required of an applicant 2) the Subdivision'Committee has approved a great many lots based on th'e existing ordinance 3) some of the approved lots have .had greater slopes than the ones in ~uestion and.4) the subject lots should be approved rather than deprive the prop. erty owner of rights enjoyed by similar property Owners in the City. The Secretary,, in answer to an inquiry from Commissioner Metcalf, stated that 1) only three of the.fourteen lots shown on the tentative map belong to the applicant 2) the remaining eleven lots are residual property not belonging to the applicant. and 3) the Subdivision Committee .requested ~. Williams (applicant) to submit a tentative map 'showing possible development Of the .surrounding property. ' Commissioner'Metcalf stated' that l')'apparently the subject three lots have the steepest"slope of the'fourtee.n lots shown on the tentative map and 2) the subject lo~do not seem to be as ~large as they should be. ". .... .. Chairman NOrton stated that he ho~ed that the proposed slope density ordinance .... =" would be in written form by the m~eeting of 12 May 1969 since, he felt, it could then be applied. · '/ '... '. Commissioner Smith stated that he. did not feel the proposed ord. inance could be. enforced until it is adopted.: Commissioner ICraus~ stated'that, he felt, he must agree with the Subdivision Con~nittee'and recommend that only the existing ordinanoe be enforced until' Such.time asL the proposed slope density ordinance is approved. Commissioner Crisp stated that the Planning Commission 'ShoUld not act on an ordinance that has not been passed. -Commissioner Smith moved, seconde~ by Commissioner Bacon, that the Building Site Committee Report dated 28 April 1969 be adopted and that the tentative · .~p'(Exhibit "A-I", filed 8 April 1969) be. approved subject to tb~ conditions set forth in said report; motion carried with.Commissioner Metcalf abstaining. C. SD-808'- C~ L. Longson, Michaels 'Drive7 i Sub~ivi§ion App~0val..~,'·10 Lots - Continued from 14 April 1969 Commissioner Smith explained that~l) this is a subdivision in the foothills .and some .lots are barely 40,000 square feet in size 2) a tentative map for this'property was given tentative'approval a few years back and the approval waS'.allowed.to expire 3) the.ordinance has not been changed since the original approval and. 4) the Subdivision Committee has suggested approval as stated in their Subdivision Committee Report dated 28 April 1969., Chairman Norton stated that 1) prior approval (that has expired) does not insure re-approval at a later date 2) new conditions have been imposed on other similar applications and 3) ithere is no set policy relative to re-approving · '. an application'that has expired. Commissioner Bacon explained that z1) the subject subdivision involves ten lots 'which have average slopes of 35.9 .and 2) three of the lots. exceed the'maximum 40%Slope;.however, these lots have a;reas0na5l'e"slope"a~ the building area. planning Commission Minutes 28 April 1969 - Continued IiI. C. SD-808 - Continued The Secretary explained that 1) there are some lots in this subdivision which will have split level construction and··2) the Co~ission must act on ·SD-808 at this meeting· or it will expire. Chairman Norton 1) stated that the subject lots appear· to be quite steep · 2) suggested· that SD-808 be denied unless an extension·is· submitted and 3) requested the Subdivision Committee to consult with the developer relative to reducing ~he number o:f lots. Commissioner Metcalf stated he was in favor of the.reCOmmendation made by Chairnun Nortonl Chairman Norton·mOved, seconded by Commissioner Metcalf, that SD-808 be denied unless the applicant subm{ts an extension·by 3 May 1969 and if an appropriate extension is submitted the Subdivision Committee will consult with the developer relative to reducing the number of lots; motion carried unan imou sly. · · D. SDR-811 - Donald Barnett, Via Regina - Building Site Approval - 1 Lot - Continued from 14 Aprii 1969 Commissioner Smith recommended that this matter be continued to allow time for the applicant·to revise the tentative map in connection with the driveway. The applicant was present and stated that he understood that the driveway would be approved as described at the meeting ·held earlier with the Subdivision Committee. The Secretary·stated· that the driveway shown on the tentatlv~ map will have to be revised.· In·view of the foregoing, Chairm~n Norton directed SDR-811 continued to the next regular·meeting and referred same to the Subdivision COmmittee for study. E. SD-812 - Franklin Homes, SevillalLane and Sarahills Road - Subdivision Approval - 6 Lots - Continued from 14 April 1·969 ' Commissioner Smith recommended t~at' [his application be continued to the next regular meeting'to allow the applicant time to ~ork out a street. return require- ment and storm drainage facilityzwith'%he~ ·Department of Public Works. Chairman Norton so directed. ." "' ,t ~ '~' ~"' F. SDR-813 - Ned·RichmOnd, Hume DriVe - Building Site Approval - 3 Lots - Continued from 14 April 1969 The Secretary stated that the applicant has reviewed the proposed conditions of approval and expressed .satisfaction of same. Coranissioner Smith moved, seconded by Commissioner Bacon, that the Building Site Co;~ittee Report dated 28 April 1969. be adopted and that the tentative map (Exhibit"'A", filed 3.April 1969) be approved subject 'to the conditions set forth in said report; motion; carried unanimously. G.' SDR-814 '- Richard Ballin, Glen Una Drive - Buildin~ Site Approval - ! Lot Commissioner Smith recommended that this matter be continued to the next .. regular meeting. ; . .. The·Secretary explained ·that theZ' Health Department requested that approval relative to SDR-814 be' detained'iin order to allow time to resolve a septic tank situation in connection with'this lot. Mr. Ballin ~as present and stated that he will provide a separate septic tank for the subject lot~ PlanninS ·Commission Minutes - 28 April 1969 - Continued Iii. G. SDR-814 - Continued After discussion, Chairman Nortop directed SDR-814 continued to the next regular meeting. H. SDR-815 - J~ames· C. Sanders, Vall~ Vista Drive - BuildinS Site ADDroYal - 1 Lot The Secretary explained that the subject application is for an existing home that is being remodeled over 50%. Commissioner Smith moved, seconded by Commissioner Bacon, that the Building Site Committee Report dated 28 April 1969 be adopted and that the .tentative map (Exhibit "A", filed 21 Aprill 1969) be approved subject to the conditions · · stated in said report; motion carried unanimously. IV. DESIGN REVIEW A. A-300 - Brown and ICauffmann, Cox'.Avenue - Final Design Review - Landscaping of Model Home Complex and Cox Garage - Continued from 14 April 1969 COmmissioner Metcalf stated he had been absent at the Design Review Committee meeting and referred the Design Review matters to Commissioner Kraus. Commissioner Kraus 'stated that a: Staff Report had been prepared relative to A-300. · · The Assistant Planner read the Staff Report dated 28 April. 1969 recommending. that Final Design Approval be granted for A-300 on the basis of Exhibits "F", "G", and "H". Commissioner ICraus moved, seconded by Commissioner Bacon, ~'hat the Staff Report dated 28 April 1969 be adopted and that Final Design Approval be granted for A-300 on the basis 0f Exhibits "F", "G", and "H'; and subject to the conditions stated in said. report; motion carried unanimously. B.' A-302 -·MoV.S. Company, SaratOga Avenue - Final Design'ReVieW - Apartment Complex The Assistant Planner read the Staff .Report dated 28 April 1969 reconLmending that Final Design Approval be granted. as shown on Exhibits "A-2" and "B". He· then stated that in condition. "e" of the ·subject report.. .the words "for carports" should be inserted bet.w'een. the words "material" and "to". : CommiSsioner Metcalf stated that 'the ~$~rds ;!for 'approvai~'l shon~.ld 'be inserted between the words "Submit". and "color" in condition "f"o Dr. Abrams, applicant, was present and expressed approval of the subject report· Commissioner Kraus moved, seconded by 'Commissioner Bacon, that ~the 'Staff Report dated 28 April 196'9 be adopted, as amended, and that Final Design Approval be granted for A-302 on the basis. of Exhibits "A-2''· and "B" and subject to the conditions stated in said report; motion carried unanimously. C. A-312 - Odd Fellows Home, Fruitvale Avenue - Final Design Review - Idendification " Con~ni·ssioner Kraus stated that 1) a Staff Report was prepared in connection with this application and 2) th~ application is for a new sign to replace the ones that were knocked down. The Assistant Planner read the Staff Report dated 28 April 1969 recommending that Final Design ApprOval be gr~nted for A-312 as shown on· Exhibit "A". Con~nissioner Kraus moved, seconde~d·by Commissioner Bacon, that the Staff Report dated·' 28 April 1969 be adopted and that A-312 be granted Final Design Approval · on· the basis Of Exhibits "A"; motion carried unanimously ,, planning Commission Minutes - 28 April 1969 - Continue IV. 'D~ A-269 - Abel M. Carreia, Saratoga-Sunnyvale Road - Reconsideration of " Roofin5 Materials to be Used The'Secretary 'stated that 1) several monthS'ago the Planning Commission approved a wood shake roof for a b~ilding located on Saratoga-Sunnyvale Road and 2) ~. Carreia (applicant) now requests that he be permitted to use a'comp0sition "' shingle roof in lieu of the wood shake roof since. it would be much cheaper. The Assistant Planner stated that 2the newly proposed.material is fire proof. The Secretary stated that the appl:icant iS ready. to ~roceed with. immediate installation of the new roof and is remiss that he did. not make the Commission aware of the proposed changed earlier. Commissioner Metcalf stated that he felt the Design Review Committee would be disinclined to reconsider the typ~ of roofing materials to be used. Chairman Norton directed the matter continued to the next regular meeting and referred same to the Design Review Committee for study. V. CITY COUNCIL REPORT : Commissioner.KraUs gave a summary of ~tems reviewed and action 'taken at the City Council meeting of 16 April 1969 with emphasis on topics of particular interest tO the Commfssion. PLANNING POLICY CObLMITTEE REPORT Conunissioner Kraus gave a summary of items discussed at the Planning Policy emphasis on the following Committee meeting of 27 9 with: . 1) A study to be conducted!relative to'the feasibility of a Convention .Sports Are~. The County Counsel asks that "all Cities affirm theirlacceptance of the pr0p~Sed~'finai~'_ s~udy in 'a'f~r~l written statement, enclosing a check to cover 'their proportionate share of the Study. 2) The presentation of thelproposal for'a Bayside Park by Mr. Pott, Director of County Public Works Department, to create marshland wildlife islands' (~ithout people access) relaxed recreation uses such as!bicyCl&.paths, hiking trails, picnic areas, fishing piers, e~C. ~t' a.cost of approximately 15 million dollars over:a period of about'ten years VI. OLD BUSINESS A. SDR-807 - John D. Johnson, 'Three ZOaks Way - Request for Exception of Conditions · . - Continued from 14 Apr. il 1969 Connnissioner 'Smith stated that the S~bdivision Committee did go out and look at the existing driveway and found i~ to be substantially i.n conformance with the ordinance. Comr~issioneri'Smith read the SubdiviSion Committee R'~po~t dated"28 Ap~ii' 1969 recommendi that Condition II-J of the Building Site Committee Report dated. 24 March 19'69 be amended to read as .follows: II..' J. Corridor to existingihome to be improved'to 18-foot minimum · ' access road standard'as approved by Public Works Director. Commissioner Smith moved~ seconded b~ Commissioner Bacon, that .S~b."'Connnitte~'R~por~7'77 dated 28 April 1969'be adopted and Condition II-J of the Building' Site Committee · RepOrt dated 24 'M~rch 1969 be 'amended t'o read as designated in said report; motion cart ied unanimous ly. .... . .~.. ...................... :.- .............. Planning COmmission Minutes - 28 April 1969 - Continued VII. NEW BUSt~ESS A. SDR-701 - George Thayer, Pierce ;Road - Request for Extension 'The Secretary read a con~nunication received from Mr. Thayer requesting an extension 'of one (1) year in connection with SDR-701. ConLmissioner Smith moved, seconded by Commissioner Crisp, to grant a one (1) year extension for SDR-701 and thereby' making 1! March 1970 the new expiration date' and subjlect tO th~ additional condition of payment of a park and recreation .fee; motion carried unanimously. B. SARATOC~ PLAN LINE : The Secretary read a memo received from Fir. James R. Huff, City Administrator, stating that the City CounCil adthorized the Planning Commission to proceed · with public hearing on the Saratoga Plan .Line prepared by the Director of Pub lic Works. The 'Secretary, in answer to an inquiry from Chairman NOrton, stated that the Saratoga Plan Line would be an appropriate matter to bring up on the same agenda as the.General Plan since it is in conformance with the General Plan. Chairnmn Norton referred the matter to the General Plan Committee, directed the Secretary tO publish a Notice of Hearing relative to the Saratoga Plan Line at the earliest satisfactory date. C. SARATOGA FOOTHILLS APARTmeNT ENTRANCE The Secretary, in answer to an inquiry from Commissioner Metcalf, .stated that the Public Works Departmen.t and .the Saratoga Foothills people are.z. still working on a feasible plan for the subject entrance.' D.. SARATOGA FOOTHILLS -'PARK AND RECREATION FEE The Secretary stated that the City Council has reqqested the Planning COmmission to make a reconunendation relative"to .the Sarato'.g.a Foothills o~aer's request to credit their: provide~ open space against their park and recreation fees. : "' Chairman Norton referred the matter to the Subdivisio~ Committee for study and directed same Continued to ~he next regular meeting. 'VIII. CO~FONCIATIONS ',' i ~' · ,'. ~ '~.. A. ~ ITT E N 1. "C-V" (Visitor-Commercial) Zonin5 - Bi5 Basin Way Chairman..N.orton read a communication received from M~. Sam Hernandez, merchant on Big Basin Way,~requesting that the Planning Commission initiate' rezoning as soon ~s .possible to rezone his land back to its former "P-A" (ProfessionalSAdministrative) Zoning. M~. Hernandez was present and stated that 1) when he signed the application submitted by Fir. John Irwin, "et al (C-121) he was under the impression that each ahd every property 'on both sides of Big Basin Way'from Fifth Street to tha southerly turn and extension of Big Basin Way would be rezoned 2) h~ was amazed when he received a comn~anication from the City Council stat%ng that the aformentioned was not the case 3) his only..purpose for. s.~gning the said application was to enablet the property owner next dobr to obtain "C-V" Zoning for his property and 4) he did not want ."C~V" Zoning for 'his property unless everyone in the described area changes' their .zoning to "C-V", -10 - 'Plannin~ Commission 'Minutes - 28 April 1969 M- Continued VIII'. .A. 1~'. '.'C-V" ~ Continued i ...' ... ~.. Hernandez, in answer to an inquiry from Chairman Norton, stated . ..".'~ that 1) if his property is rezoned his property tax will increase 2) if the rezoning were for the betterment of the commaunity he · .....'. would .pay the additional tak, but under the circumstances he did not' feel. it was right. Chairman Norton advised that the Planning Commission does have the .power to initia'te change ofi Zoning proceedings on their o~m if they feel it is essential t~ do so. .Mr. Hernandez'stated that the "C-V" Zoning will be effective thirty (30) days after the date of.approval for C-12~ by the City Council. 'Chairman Norton referred th~ matter. to the Subdivision Committee · " for consideration and direcited the matter continued to the next regular meeting. : 2.'. .~SPEECH BY DR. ARV!N JOHNSON= .... . .7 Chairman Norton read a communication received from the County of Santa Clara planning'Department'in~iting the Planning Commission to "' attend an inf0~'n{ativ~°'presehtation by Dr. Arvin Johnson (Associate · .. '.= professor,.Schooi of. Earth 'Sciences, Stanford UniverSity) on geological .factors in development and 'planning and touch on earthquakes~to'be held _'. " at 11:15 A.M. on 7 May 1969io' .3°" SEMINAR ON SOILS z · . Chairman Norton stated that the Santa Clara Association of Planning Officials is offering a Seminar on Soils in Room. 238, Benson Center (Student Union)'at the UniVersity of Santa Clara on 14 and 15 May 1969 for any of the CommisSioners interested in attending. 4.' C~SA FoundatiOn, Inc. i Request.for HoUsinS' for Low Idcome Families Chairman. Norton.advised that a. communiCation.had been received from CASA FoundatiOn, Inc.. urgihg 'the City to make provisions for adequate housing for low income families. ~ · After a brief discussion, Chairman Norton r~ferre~the matter to the General Plan Committee fori'stud~j .,, B. ORAL '1. '. GOOD WISHES FOR A SUCCESSFUL TRIR Commissioner S~ith, on behalf of the entire Commission, wished Chairman Norton 'smooth flying and a ~estful vacation on his trip to Europe. Chairman Norton'thanked the!Commission ..... for their good wishes and stated that he would leave the planning'Commission in the capable hands of Acting-Chairman'Commissioner Lively'. -11- Planning COmmission Minutes - 28 April 1969 - Continued , 2. GUESTS · · Chairman Norton acknowl. edged,.with pleasure, the presence of ~trs. Stark of the Good 'Government Group, Mr. Martin of the Prides -· Crossing Homeowner's ASsociation, Mrs. Ottenberg of the League of Women Voters. He, also, thanked Mrs. Stark for the coffee served at recess. IX. ADJOIrR~rMENT · The Chairman·declared the meeting ·adjourned at 10:05 P.M. ~ . "' ...' Respectfully submitted, , Secretary Saratoga Planning Commission