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HomeMy WebLinkAbout10-13-1970 Planning Commission Minutes'~"" CITY OF SARATOGA PLANNING CObR'IISSION MINUTES TIME: Monday, ~October 1970, 7:30 P.M. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California 95070 TYPE: Regular Meeting , I. ROUTINE ORGANIZATION The meeting was called to order by Chairman Norton. A. ROLL CALL Present: Con~issioners Crisp, Kraus, Lively, Martin, Norton, and Smith. Absent: Commissioner Metcalf. B. MINHJTES Commissioner Smith moved, seconded by ConLmissioner Kraus, that the reading of the minutes of the 28 September 1970 meeting be waived and they be approved as distributed to the Commission subject to the following changes: page 5.. .under III. A. SDR-849.. .delete paragraph 1.. .and instead insert the following: "Chairman Norton directed SDR-849 continued .to the meeting of 13 October 1970." page 6.. .under III. C. SDR-857.. .paragraph 3. . .line 1. . . delete "Moved by Commissioner Crisp" and instead insert '~.~oved by Commissioner Smith"; page 9. . .under VI. D.. .paragraph 1. . .line 2. . .delete "Sunnyvale Road"; motion carried with Co~n~issioner Lively abstaining. II. PUBLIC H~RINGS A. C-133 - M.W. Frazier, Saratoga Avenue and Cox Avenue - Request for Change of Zoning from "A" (Agricultural) to "C-N" (Neighborhood- Commercial) -Continued from 28 September .1970 Chairman Norton re-opened the hearing at 7:34 P.M. and noted that Elizabeth Klingel, a certified court reporter, had been arranged for by the applicant and was in attendance to take notes relative to C-133. The Secretary stated that several com=~unications had been received in connection with this application as follows: btters in opposition from ~. Robert M. Peterson, Clerk of , ~s ~ry Ruth Session at the..We. sthope United Presbyterian Church, · ' Owen~ 14180 Victor Place, Mr. Thomas W. Stern, Quito Park Business ~_epter,.and }~. and ~. Bryce_BakeX,. 1811 Cox..Avenue ....... A petition submitted onz behal.f of the Saratoga Park Woods Homemmers' Association, Inc. by Mr. Fred Style's, Vice ~esi- dent, and Mr. Robert Mensor, ~esident, in opposition to the subject application and containing fifty-four (54) signatures. ~s. Ray Sa~5'er, 20390 ~noa Court., phoned the Planning Department to Say she is opposed to the proposal for locating a gas station at the proposed location. ~e letter in favor of the proposed change of zoning ~-as received from ~. Robert Oldemy~r, 18970 Saratoga Glen Place. -1- C'133 - Contin~ed Mr. Donald A. Tcnenbaum, attorney at law, present to represent the applicant stated that 1) he found interesting the suggestion n~de by the Quito Park Business Center that they had land available for gas station use 2) the residents of the area feel that the best use of the land would be some professional or "P-A" (professional- Administrative) zoning which would be consistent with the adjacent land use; however, the Planning Conm~ission has denied one application for "P-A" zoning for this property 3) the General Plan of the City indicates the property should. be used for com.~ercial but of a "P-A" nature 4) if the subject application is denied the property will be landlocked or the property o~,~,er..can do one of the following. a) Leave the land in its present state and continue to pay high taxes. b)A house can be built on the property and be s~rrounded by "P-A" zoning. c) The .property could be put to "A" (Agricultural) use allowed under the present zoning. ~. Tenenbaum further stated that it is the o~ers desire to put the property to the most effective use possible and if the requested change of zoning for C-133 to "C~N''. is denied the most effective use of the land will be eliminated. ~. Hans Hansen, Jr., 19331 Falmouth Court, stated that 1) he the change of zoning ~ince he feels a gas station on the subject corner would not be compatible with surrounding properties 2) gasoline s~ations are potential fire hazards and it is the responsibility of governing bodies to minimize the publics exposure to such hazards 3) the number of gas stations in Santa Clara County is already too numerous 4) there is a gas station one block from the location proposed under C-133 and it is located adjacent to a school ground 5) this presents a hazard the school and, he feels, gas stations should not be allowed in highly public concentrated areas 6) gas stations should be located at railroad track intersections so that it can be easily hauled and piped in underground and 7) these factors should be carefully considered and the application for change 'of zoning should be denied~ ~. Willard L. Sievert, 18866 Alton Avenue, stated that 1) he worked in Cupertino and he was sure the planning Commission is aware of tha~ · ' to the subject Cit ~ y s problem re~arding gas stations 2) he is opposed change of zoning and 3) he is in sympathy with the property however, it is his hope that instead of a gas station on this. corner some other idea is explored. ~. Fred Styles, Vice-President of Saratoga Park Woods Homeo,~ers' Association, stated that he would like some explanation to the statement made by l, lr. Tenenbaun~ that: a previous application for rezoning to some- thing more co~npatible with. surrounding properties' ~ms turned dow~ by the planning Cow~nission. , "' Chairm~n Morton explained ~that one particular application was turned do~.m by the Planning Co~ission, but.this does not mean that all proposals would be denoted. He further explained that "A'~ (Agricultural) zoning is usually rezoned if a suitable application consistent with the General Plan is submitted. Fl_2~utinF Comn,.i-ss j. iiul,_~s -- 13 licloi',c.~. ].~>'O - C II. A. C-133 - Continued ~r. Jim NauSle, 12072 lugrid Court, stated that 1) he would like to go on record as opposing the subject request for chanSe of zonin5 2) Sa~atoSa is a desirable place to live and one reason is that there is not a gas Station on every major intersection 3) hopefully in about ten years some other means of fuel m~y be developed and then someone will have to start worrying .about what to do with the numerous gas stations in existence. 4) the president and vice-president of the Prides Crossing Homeo~.~ers' Association are not present at this time; however, several members of the associations have expressed their opposition. this request and 5) if C-133 is continued and the ~ides Crossing }[omeo~,mers' Association Board has an opportunity to review this appli- cation he feels sure that they will support the opposition expressed by' the Saratoga Park Woods Homeo~ers' Association. }~. Ray ~.~ite, representing.Shell Oil, stated that 1) he hoped that everyone could divorce themselves from the four (4) gas station per intersection idea for the moment 2) the applicant is not requesting that four (4) be considered, but has made application for only one 3) he feel~ the oil industry should be given credit for their capibility of makinS'a judSement as to.whether adequate'service is provided. in a given area 4) he would ask ~. Thomas Stern if there is a service station site available in the Quito'ShoppinE Center as suggested in Mr. Stern's letter '5) the statemen~ ~2as rode earlier that service stations are a hazard 6) the oil industry has been accused mistakenly in this mnner since they have a lower fire hazard rate than public schools and 7) if individual citizens and group organizations are to decide the number of services station in a co~7~unity they should, also, decide the number of other business ventures allowed in the City. ~. Dean H. Ecke, 18676 Paseo Tierra Street, stated that 1) he is an elder at the Westhope Presbyterian Church 2) he reaiized that the subject application C-133 concerns only one corner; however, once a service station is approved on one corner the competition for additional stations on the rem~linin5 corners becomes severe 3) he has been told that service station will locate on opposite corners and operate at a loss for the sole purpose of providing competition and ~) the %,lesthope .Presbyterian Church moved six (6) years ago to get a%.:ay from a service station since the noise generated by the station prevented normal services on Sunday. The Secretary read the Staff Report dated 13 October 1970 recommending ' that the subject application (C-133) for. rezoning be denied. Commissioner Smith read a Subdivision Con~mittee Report dated 13 October 1970 recommending denial for the proposed chanSe of zonins in connection with C-133. Commissioner Crisp moved, seconded by Commissioner ~aus, to'close the bearing relative to C-133 at 8:12 P.~.] motion carried unanimously. ¢o~issioner Smith moved, seconded by Commissiener Crisp, to adopt the Subdivision Committee Report and Staff Report bo~h dated 13 October 1970 relative to C-133 recot~nendinS that the subject ~p!ic~tion for change of .'-zoning be recommended to th'~ City Council for~l~on the basis of the reasons stated in said reports; motion carried unanimously. B. C-13F~ - Van Hoa5~ SaratoSa Avenue - Request for Change of Zonin~ from "R-1-10,000" (Sinai'e-Family Residential) ~o "R-~[-5,000" "F-C" .(~k, lt~21e-Fami].v Residential Planned Co__.unity) Chairman ~orton opened the hearing relative to C-134 at 8:13 P.M. The Secretary stated the Notices of Hearing ~,ere mailed and published. The Secretary then read con~munications submitted in opposition to application C-134 by the following: F~. and ~-~s. Richard B. Schmidt, 18640 Casa Blanca ~ne, ~Ir. and ~s. Bernard W. ~IcVey, 18641 Casa Dlanca I~ne~ Patricia Stanley, 13491 ~[yren Drive, ~[r. and ~-s. William Keeney, 13510 Bonnerr Way, Mr. and ~s. Donald Boren~ 1~727 Casa 51a;~ca b~'~, ~In'. and ~s. Melvin Ruth, 13502 ~[yren ~.ive~ ~s. Reba ~;allace. 13414 Holiday Drive, }~. ??.d }[rs. Paul Kohfield, 19~13 Da~u~.r ~ive, Nancy E. Brock, 13355 Fon~aine Drive, }~. and }Its. Ar~ur }]iller, 13355 Fon~aine Drive, gunice G. G~abam, 18859 Cases Blanca -3- ,l, la~.,Fti_txj,~ ( ;.;j_;~L:LC, s ].i; Oc:;'uL.~.~ ].';7C; .- L,',~:.c:'d II. t~. (3-134 - Cot~tinued 'a~d ).it. Franlc J. )It. Jack t~. 1~iurray, 18858 Casa ]~lanca Lane, Tt~ibault, 133/~7 Fontaip. e D'rive. ' .......................... )It. AIDossa, an atto~'z~ey .present to represez~t the'applicant, stated that 1) the proposal cur~'ently under consideration ~:as ~ub~nLtted ~2Lth the underst. anclS. ng that it would accot;~plLsh the best use of the land 2). the ai>.plica-nt no~,y x,21shes to prese~t a Dew pX-oposal for lox,zer density and develop the property under "~-1-10,000"' "P'-C' zoning and 3) the varied 'con~Lguration of the property presents difficultles in develop/ng this property and he requests that C-134 be conti;~ued to alloxq ti.~e to prepare the new proposal. The Secretary stated that 'it wou!d be necessary for the applicant to submit his request )k. Jim Haugle, 12072 Ingrid (jourt, ~,ondered iE the proposal presented before the C1ty CounCi'l <under General Plan ~evLe~q) for ~enlor CLtizen Housing on the subject property ~,as still under consideration? )k. Dossa explained that a proposal for Senior Citizen ttouslng on the subject property 1s still in the prelim/nary planping stages; however, the applicant has comn~itted hlmself to exploring the possLbLlLty of a Senior Citizen Housing Development. ~. Kenneth Harness, 13336 ~oDnie 1,2ay, stated that it appeared the only access to the property would be to open a cul-de-sac street on to Dagmar Dr ire. )k. Dossa stated that it is his understanding that other ~,ays into the property are possible. Chairman Norton explain.ed that three (3) streets dead end on Dag~ar ~ive onto this property; hox.yever, there might be eng~gh frontage ... on Saratoga Avenue to provide access to the subject property. He further stated that ~,hen a detailed ~p is submLtted by the applicant the traffic pattern ~yill be clearly indLcated. )It. Loren D. Durr, 18800 Casa Blanca ~ne, stated that he is in favor of the "~-1-10,000" "?-C" : zoning for the subject property as suggested. by Mr. Dossa. )It. Ralph Carl, 19181 Dagmar Dr~ve, stated that with the spar threat complex going up across from Pa. ul )[assoz~ he felt it ~,ould be a good idea to place a traffic-counter on the corDeF of Dagn~ar and Saranoga Avenue in order to detern~ine the ar,~ount of existing traffic. Mrs. Pat Stanely, 13/~91 >Iyren Dri. ve, stated that the subject property should be purchased by the City and n~aintained as an open-.,.s~ce area. The Secretary explained that thLs site ~,as omitted from the list of open-space areas to be purchased at this tim. e. Chairman Norto:~ explained:that this site is stLll indicated in the Oet~oral Plan as a park site, but not of a high priority. He further explained that any further requests to n~aLntain the property as a park site should be n:a. de to the Park and Recreation Co~.h~ission. )~. Abrahaason, corner Dag~nar Drive and Saratoga A{.enue, stated that the traEE1c at Dagma. r and Saratoga {s pretty heavy and i~ would be proper to install a traEf~c-counter at said intersection at th{s tim. e in order to obtain an idea oE ho~ ~uch traEflc Dagn,~.r has nov and to determine he-4 much additlot~al traffic' could be routed do~. Dagw~r should the subjec~ property be developed. l'he Secretary, 1n ansx.zer to an inquiry ~roa Chairn~an Norton, stated that the Public 'Zorks Departzx~ent d~d have the facLlities for conductip. g a traffic count. II. B. C-134 - Continued Chairman Norton requested the Secretary to contact the Public Works Department and arrange with them for installation of a traffic--counter at the corner of Saratoga Avenue and Dagmar Drive. Chairman Norton closed the hearing for the evening at 8:44 P.M., directed C-134 continued to the next regular meeting and referred same to the Subdivision Col~mittee for study. Com=~issioner Crisp moved, seconded by Commissioner Smith, to grant the request of the applicant to change his application to a zoning for "R-i-10,00C~ "P-C" in lieu of "R-M-5,000" "P-C" originall)' requested provided a ~itten communication stating said request is submitted by the applicant; motion carried unani~nously. C. C-135 - Prince of Peace Lutheran Church, Saratoga Avenue and Cox Avenue - Request for Change of Zoning from "A" (Agricultural) to "C-N" (Ne ighb orb ood -Commer c ia 1 ) Chairman Norfon opened the hearing relative to C-135 at 8:45 P.M. The Secretary stated the Notices of Hearing had been mailed and published. The Secretary then read con~n~unications filed in opposition to the proposed .change of zoning by the follo~ing: }~. and Mrs. Bryce Baker', 18811 Cox Avenue, Mr. Thom~s'W. Stern, Quito Park Business Center, Mr. Robert M. Peterson, Clerk of Session of the Westhope United Presbyterian Church. A petition ~ith fifty-four (54) signatures was submitted in opposition to C-135 by the .Saratoga Park Woods Homeo~ers' Association, Inc. Reverend Stanley B. Andersen, Pastor, Prince of Peace Lutheran Church, statecl that 1) he wished that the people voicing opinions relative to the subject proposal could have studied all the information avail.able 2) it should be realized the applicant did not seek out the service station, but rather a service station in the City wishes to relocate and contacted the applicant; thereby, the number of service stations in the City would not be changed if the subject request were granted 3) the members of the church dreamed of a big sanctuary on this property and indicated it on the Master Plan.composed some fifteen (15) years ago; however, due to e'conornic circumstances it has become obvious that the dream' cannot be implemented 4) n~ny of the arguments against the subject proposal are personal and 5) the applicant will abide by any reco~n~endation made by the Planning Coaission. Chairman Norton pointed out that the Use Permit held by the ~ince of Peace Lutheran Church is based on strict adherence to their Master Plan. }~. Dean Ecke, on b'ehalf of the Westhope Presbyterian Church, stated that it is painful to go against another church; however, he would like to go on record as objecting to the proposed change of zoning. '.'Chairman Norton closed the hearing for the evening at 8:57 P.M. directed C-135 continued to the next regular meeting and referred same to the Sub-. division Com~ittee for study. D. UP-194 - Noorudin Bil!a~ala~ Sousa 'Bne - Request for Use Permit to Allow a Convalescent }!osDital - Continued fron~ 28 September 1970 The Chairman re-opened the hearing at 8:58 P.M. The Secretary stated nothing new had been added to the file. planninq :.-Zom!nission Minutes - 13 October 1970 - Contint~c'd II. D. UP-194 - Continued Commissioner Smith stated that the Subdivision Co:mnittee did meet x.zith the applicant and the applicant indicated at that time that he ~ould like UP-194 continued in order to allow time for further study of the matter:. Mr. Billawala, applicant, ~zas present and stated that 1) the plans have been revised and the medical offices as originally proposed in conjunction with this application have be~n removed from the plans 2) he and his attorney did meet with the Subdivision Committee and were asked to obtain further information from the State relative to the proposed freeway location and the feasibility of another convalescent hospital in Saratoga 3) he must, also, meet ~,~ith the Fire Marshal to determine if the street (Sousa lane) would be appropriate for the requested use and 4)f in order to accomplish the aforementioned a continuance of forty-five (45) to sixty (60) days is requested. No one else present ~ished to co~n~e'nt. Chairn~3n Norton closed the hearing for the evening at 9:00 P,M., directed ~-194 continued to the meeting of 14 December 1970 and referred same to the Subdivision Com=mittee for furtl~er study. III. BUILDING SITES AND SUBDIVISIONS A. SDR-864 - Saratoga Foothills Development Corporation, Fruitvale Avenue - Subdivision Approval - Revised MaD - Continued from 28 September 1970' Commissioner Smith recommended that SDR-864 be continued to the next regular meeting to allow time for further study of the site-development plan and plot plan. Chairman Norton so directed. B. SDR-868 - Dr. Louis Ruschin, Jr,, Three Oaks Way - Building Site Approval - 1 Lot 'The applicant was present and statgd he did review the proposed conditions of approval and.' expressed satisfaction with same. Co~missioner Smith moved, seconded by Commissioner Crisp, that the Building Site Con~mittee Report dated 13 October 1970 relative to SDR-868 be adopted and that the tentative map (Exhibit "A" filed 2 October 1970) be approved subject to the conditions set forth in said report; motion carried unanimously. C. SDR-869 - Robert F. pl~ne,_Sobev Road - Buildin%Jite Approval - 1 Lot The applicant ~as present and stated ~hat he did review the proposed conditions of approval and would request a waiver of the record-of-survey requirement for the reasons stated in his letter dated 13 October 1970. The Secretary stated that ~ record-'of-surveY or parcel--m~p is normal, ly required of all building--site applications. He further stated that to his knowledge there has never been a complete record-of-survey done on the subject property. ~. "Plane explained that a record--of---survey does involve a cost of approxixpately $700.00. Chairman Norton stated that unless the boundary lines are fairly ~;ell established his immediate reaction would be tO require the record-of-gurvey since ~'aiving the requirement. in one instaqce would open the door for similar requests. The Secretary explained that the record-of-,survey requirement has been ~-aived in some cases but with more .]ustification for instance ~.~here an actual survey had been done, but never recorded. The Chairman explained that the t.entative map can be approved at this"time and the request for reconsideratlon can be considered at the next regular meeting. -6- .. o, Pl__~Jnnin~ CoLnmiss].on Minutes - 13 October ].970 - Continued III. C. SDR-869 - Continued Con,~nissioner Smith moved, seconded by Commissioner Crisp, that the Building Site Con~-nittee Report dated 13 October 1970 relative to SDR-869 be adopted and that the tentative map (Exhibit "A", filed 2 October 1970) be approved subject to the conditions set forth_in said report; motion carried unanimously. D. SD-870 - Peter P~!~,!os,_ Chester. Avenue - Subdivision Approval - 9 Lots Commissioner Smith recosn~ended that SD-870 be continued to th~ ne.xt regular .meeting to allow time for further study. 'Chairman Norton so directed. E. SDR-871 - Albert Spearst. We.~tcott ~ive - Build in% Site Approval - 1 Lot Commissioner Smith explained that this building site will replace a residence that burned do~ sometime ago. The applicant was present and stated he did review the proposed conditions of approval and would request a waiver of 1) the storm-drains'fee requirement and 2) the driveway approach-~width requirement since it would require elimin- ation of extensive landscaping. Chairman Norton explained that everyone applying for building-site approval is required to pay a storm,.drain fee and the driveway approach width is im~osed. in order to allow two (2) emergency vehicles to pass should the occasion require it. Commissioner Smith moved, seconded 'by Commissioner Kr~us, that the Building Site Comraittee Report dated 13 October 1970 relative to SDR-871 be adopted and that the tentative map (Exhibit "A", filed 9 October 1970) be approved subject to the conditions set forth in said report; motion carried unanimously. F. SDR-849 , Thomas L. Dashiell, Bohlman Road - Building Site Approval - Revised Tentative Ma~ - 3 Lots - Continued from 28 Sejtember 1970 The .Secretary recommended that SDR-849 be continued to the. next regular meC.~i~g 't0 allow time for further study of the revised tentative ~qp. Chain~n Norton so directed. IV. DESIGN REVIEW None V. CI~ COb~ICIL REPORT Commissioner ~aus gave a summary of items reviewed and action taken at the City Council meeting of 7 October 1970 with emphasis on items of particular interest to the Conmission. .. VI. OLD BUSINESS A. REVISION OF SLOPE DENSI~ STA~'DAP, DS - Continued from 28 S.ep[ember 1970 Com~missioner Smith recournended that this matter be continued to the next regular meeting in order that Co~nissioner Metcalf can be present to participate in the discussion. Chairm~n Norton so directed. B. SDR-807 - John Johnson, Three Oaks Way - Request for Extension - Continued from 14 September 1970 The Secretary read 'a Staff Report dated 13 October 1970 recon~ending that a one (1) year extension be granted for SDR-807. VI. B. SDR--807 - Continued Commissioner Smith moved, secondeel by Com~nissioner Crisp, that the Staff Report dated 13 October 1970 be adopted and a one (1) year extension be granted for SDR-807 with a new expiration ~ate of 24 September 1971; motion carried unanimously. SDR-811 ~ Donald A. Barnett, Via Regina - Request for Extension - Continued from 28 September 1970 The Secretary read a Staff Report dated 13 October 1970 recommending that a one (1) year extension be grantc. d for SDR-811. Commissioner Smith moved, seconded by Co~u~issioner Crisp, that the Staff Report dated 13 October 1970 be adopted and a one (1) year extension be granted for SDR-811 with a new expiration date of 12 November 1971; motion carried unani- mous ly. D. UP-172 - Utah Homes. Inc., DeHavilland Drive - Request for Extension - Continued from 28 September 1970 Chairman Norton noted that the staff Report dated 13 October 1970 recommends a one (1) year extension be granted for UP-172. Commissioner Smith moved, seconded by Commissioner Crisp, that the Staff Report dated 13 October 1970 be adopted and a one (1) year extension be granted for ~-172 with a ne~.~ expiration date of 22 September. 1971..an~.~ubject to the condition set forth in said report; motion carried unanimously. E. UP-169 - George W. Day, Farwell AVenue - Request for Extension - Continued from 28 September 1970 Chairman Norton point'ed out that the Staff Report dated 13 October 1970 recommends that a one (1) year extension be granted for UP-169. Corm~issioner Smith moved, seconded by Coxr~missioner Crisp, that the Staff Report dated 13 October 1970 relative to UP-169 be adopted and a one (1) year extension be granted for UP-169 ~.~ith a new expiration date of 1 October 1971; motion carried unanimously. F. A-300 - Bro~.~ and Kauffmann, Cox Avenue and Miller Avenue - Approval of Additional landscape Plans - Continued fr6m 28 September 1970 Chairman Norton recommended that each Conmissioner read, t0. themselves. the Staff Report dated. !.3 O~tPb-er-1970 relative A-300. Con~nissioner Martin stated that 1) he apologized if he has been outspoken about this application; ho~ever, he ~ould like to point out that there never has been a detailed landscape plan available for the subject area until just recently 2) the major portion of the residents of this area live in another school district and do not enter' the subdivision from this entrance; therefore, they do not have a great interest in seeing this entrance to .Prides Crossing improved 3) the ~ides Crossing Homeo~ers' Association could be persuaded to hire a gardener for maintenance of the landscaping provided by the applicant as .... long as the members feel they will benefit directly from the landscaping 4) the pyracantha shown on the landscape plans does look good but the applicant at the last Design Review Committee meeting agreed it is a high maintenance shrubbery 5) 'children gather at this particular area where the pyracantha is planted to "'a,;ait the school bus and they get scratched fron~ the plants 6) the applicant ~id offer to replace the pyracantha plants with something else and 7) the appli- cant should be required to provide water faucets for the purpose of .~atering the landscaping along Darien .Way. The Secretary explained that the applicant has repeatedly stated he would provide water--service for the landscaping'. Plannin"~ Com?,~ission Minutes - 13 October 1970 - Contint~cd VI. F. A-300 - Continued Commissioner Lively recomn~.ended that Exhibit "X" be amended to show a minimum of two (2) water key faucets and complete ].andscaping along the frontage on Darien Way. ~ ChairnL~n Norton recomx~ended that Condition (c) as follows be added at the end of the Staff Report dated 13 October 1970 relative to A-300: ") Pyracantha be replaced by another appropriate shrub, as approved c ......... by the Planning Director. The Secretary recommended that the subject Staff Report be further amended and the following be added to the end of paragraph 4: ........ "including Darien Way frontage after abandonment." Com~issioner Lively moved, seconded by Cor~missioner Martin, to adopt the Staff Report, as amended, dated 13 October 1970 relative to A-300 and grant Final Design Approval for the additional landscape plan aS sho~.m on amended Exhibit "X"; motion carried unanimo.asly. VII. NEW BUSI~ESS A. PIKE ROAD A~,~D SAP~.T~A HILLS ROAD PATP~.TAY PROPOSAL The Secretary advised that 1) two (2) petitions, one in favor and one in opposition to pathways on Pike Ro~d and Saratoga Hills Road, were ~resented to the City Council 2) the matter was'referred to the Planning Committee of the City Council and that Cot~nittee has requested the Planning Contmission and ...planning s~aff to review the proposal for pathways and submit a report 3) there a gate near 'the entrance to Saratoga Hills Road and the Fire.. Departme. nt .does ..... have a key to the gate in case ingress for fire e'qu'ipm~nt. is needed and 4) bussing is provided for school children and at other times the children are driven by their families. Chairman Norton noted that the pathway would be primarily for C~ny~nienCe~.. The Secretary explained that the proponents feel a ~athway is necessary; however, the opposition feels there is too mt~ch trespassing already in the area and a private arrangement has been 'tried, but the residents have been unable to nzaintain control. [~s. Ottenberg~ resident of the area, stated that 1) it should be pointed out that sometimes the bus takes over an hour to take the children a distance that could be walked in fifteen (15) minutes and 2) when a child rides the bus and wishes tO bring a friend hon~e after school he cann6t'~'id~ '0n th~ sarae bus if the children live in different areas; whereas, if foot paths wer'e pro- vided the children could walk. Con~issioner Smith pointed out that it seemed pathways in the area would require steep cuts in the land. Co~n~issioner Crisp explained that Saratoga Hills Road is a private road to be used only by its residents. The Secretary explained that the City would have to condem~ the property to be used for pathways. Cox~issioner ~isp advised that Saratoga Hills Road is very narrow and ~ay not be safe for children. Chairman Norton stated that it had been brought to his attention that if the pathways ware provided some would lead right up to private driveways. The Secretary expla~.ned that the proposed pathway connection would be approxin~tely 75 to 100-feet fron~ existing homes and would abut some private driveways. -9- Plannl~;g Co~nmission Minu, tes 13 October ].970 - Continued VII. A. PATIIWAYS - Continued Chairman Norton referred the proposed pathways connection to the :qSubdivision Conm~ittee and directed the matter continued to such time as a report and recommendation is prepared. " B. UP-1967- Cal-West Communities, Inc., Saratoga Avenue - Request for Revision of Condition The Secretary e>:plained that 1) a request was received from Cal-West for revision of their Use Permit. for their model home sales office 2) they are asking that the condition requiring a bond to be posted be waived since they are utilizing the Community Center Building for the sales office; therefore, they will not ~ke any substantial changes as would be the case in a garage sales office. Commis'bioner Smith stated that he did not feel the condition should be waived since the bond, also, would insure elimination of the sales office upon expiration of the Use Permit. Comissioner Smith moved, seconded by Comissioner ~aus, to deny the request for waiver of the bond r~quirement in connection with UP-196; motion carried unanimously. VIII. COI,~,~NICATIONS A. ~ITTEN 1. SIGNS - S~IATOGA VILI}.GE CE~q~ER The Secretary e~plained that.a request was submitted by the merchants in the Saratoga'Village Center to ~.Taive the requirement that all eleven signs in the center go up.at one time in order to obtain a sign permit. Commissioner Lively stated that the Design Revie~ Com_mittee felt .that all the signs should be submitted for Design Review Approval at the same time. ~ Chairn~n Norton directed the matter continued to the next regular meeting and referred the Saratoga Village Center__Sign_~ t0 'the Design Review, Con~mittee for"s~'udy'~ ........................... ' ............................................ REQUEST FOR USE PER~I!T - SANTA CLarA COUNTY PI~NNi~iG DEP~RT~ENT .~ The Secretary explained that a request for Use Permit has been submitted to the Santa Clara County Plannihg Department for a private park and recreation area (including a 'firing range) for the Peace Officers Associa- tion on 120 acres on Skyline'Boulevard n~ar C6ngr~'bs Springs Road and Summitt Road in the City of Saratogas' sphere of influence. Chairman Norton directed the subject request continued to the next regular meeting, referred the matter to the Subdivision Committee and ~ requested the Secretary to contact the County Planning Department to obtain aR indication as to how the residents of the area feel about this Use Permit. 3. LETTER FROM JOHN C. CONSTANTIN RE C~K STREET PROPERTY A conm~unication was received fro~ ~,~. John C. Constantin, 1744 Senter Road, San Jose, requesting that a Site lot-size be reduced in order to build on his property on Oak Street since he has repeatedly (~ithcut success) tried to negotiate for the small additional area needed (450 square feet). The Chair~n requested the Secretary to 'Contact Mr. Constantin and inform him that he should apply for Building Site Approval in order to cbtain an opinion from the Planning Co~nission relative to this matter. -10- t?iar~in% Commis:. r, uL~,s i3 CicCob~,~ i~/G - Cc,~'it~ VIII. A. 4. SDR-607 - Dp~las B. tlines, Pierce Road - Request for Extension The Secretary stated that the applicant submitted a letter requesting that SDR-60~ be granted a one (1) year e>:tension. The Secretary reconunended that the matter be continued to the ne>zt regular meeting. Chairman Norton so directed and referred the request to the Subdivision Conm~ittee .for study. B. OP~L .. Chairman Norton noted, with regret, the absence of 'a City Counciln~2~n and acknowledged, with pleasure, the presence of ~s. Ottenberg of the ~ague of Women Voters, ~.s. Stark and Mr. Ho~.~r~ of the Good Govern- ment Group~ He, also, thanked ~s. Stark for the coffee served at the recess. IX. ADJOUR~,ZNT Chairman Norto'n adjourned the meeting at 10:40 Respectfully submitted, Stanley M. Walker, Secretary Saratoga Planning Co~ission -11-