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HomeMy WebLinkAbout08-14-1972 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES ******************** TIME: Monday, 14 August 1972 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting I. ROUTINE ORGANIZATION The meeting was called to order by Chairman LiVely at 7:30 P.M. A. ROLL' CALL = Present: Commissioners'Bacon, Belanger, Lively, Marshall, Martin, and Metcalf. Absent: Commissioner Smith. B. MINUTES , Commissioner Metcalf moved, seconded by Commissioner Marshall, that the reading of the minutes of the 24 July 1972 meeting be waived and they be approved as distributed with the:fol'lowing changes: page 1. . .under .. I. B. .paragraph 1. .change line 2. .to read as follows: "apart- ment houses built under Retirement Housing Zoning, which differ very little from "R-M" (Multiple-Family Residential) Zoning."; page 2. . .delete paragraph 10; page 3. .under C. V-382. .paragraph 2. .change sentence 2. .to ~ead as follows: "The Chairman announced that a three-foot variance could be granted provided the second story is indented three-feet." II. PUBLIC HEARINGS A. 1972 General Plan Review - Including Open-Space Element - Continued from 24 July 1972 Chairman Lively reopened the hearing relative to the 1972 General Plan at 7:42 P.M. The Secretary stated that nothing new had been added to the General Plan file; however, the General Plan Report, previously presented, has been' revised. Commissioner Metcalf verbally reviewed the entire General Plan Report pointing out the revisions made in the subject report. Dr. Abrams, 12948 Village Drive, took issue With Item I. B. 2. .Retire- ment Housing of the General Plan Report and inquired what qualifications were required in order to determine a site is eligible for Retirement Housing. He further stated that 1) a definition of Retirement Housing has not yet been made available 2) his main concern is the property he owns located at Cox and Saratoga Avenues (which has been designated as one of the five (5) sites considered suitable for Retirement Housing) 3) the property was purchased for use as "P-A" and has been held at great cost since 1962 4) all the conditions imposed by the City have been met to maintain a "P-A" zoning on this property and 5) a developer ' could not purchase and develop this property for a cost that would allow him to rent.to retired people'living on a fixed modest retirement income. The Assistant Planner, in answer to an inquiry from Commissioner Metcalf, explained that the City Attorney has ruled that the property described by Dr. Abrams has reverted to "A" (Agricultural) zoning. Dr. Abrams pointed out that the Zoning Map shows this property to be' zoned "P-A" (Professional-Administrative). -1- Planning Commission Minutes - 14 August 1972 - Continued II. A. 1972 General Plan Review - Continued Commissioner Metcalf explained that possibly o~ly one of the five (5) sites proposed will actually be developed as Retirement Housing. Dr. Abrams wondered if the General Plan Map will show two (2) zoning designations for these five (5) parcels, i.e., the current zoning and the Retirement Housing zoning or would the.transition from one zoning designations to the other take place at the time an acceptable Retire- ment Housing plan is presented? Commissioner Metcalf explained that if each parcel were pinpointed as Retirement Housing on the General Plan Map there would, in effect, be five (5) sites available for Retirement Housing. ~ Commissioner Marshall explained that if the five (5) sites are identified on the General Plan Map as being potentially rezoned to Retirement Housing a developer can proceed with plans for development of one of the parcels and-the first desirable plan that is proposed and meets all of the quali- fications can be given se:rious consideration for approval and the General Plan and Zoning Maps can be changed at that time. Mr. Jerry Lohr, Saratoga Foothills Development Corp., stated that by allowing development of one site at a time it provides the City an opportunity to study the success or failure of one Retirement Housing development prior to allowing construction of another. Mrs.. Betty Lou Maas, 20360 Saratoga-Los Gatos Road, stated that the Pace property on Saratoga-Los Gatos Road designated as one suitable site for Retirement Housing should not be considered due to the traffic problem existing at that location. Commissioner Metcalf recommended that Item I.B.2. .paragraph 1. .be be amended to read as follows: "The Retirement Housing Study of 1971 concluded that five (5) sites were suitable for such housing. We consider it desirable that at least one such site be developed, but we recommend that no change in land use be made until an acceptable plan is presented, and the need is verified." Chairman Lively then read a report submitted by the Planning Director rela- 'tive to Item I.C.5. .Dempsey Property and Sixth and Big Basin Way. recommending that the land use for the subject property be changed to "R-M" (Multiple-Family Residential) in order that the entire property can be developed under one zoning designation. Mr. Jerry Lohr, Saratoga Foothills Development Corp., stated that 1) he is interested in developing this property under "R-M' zoning 2) it would be a very difficult piece of property to develop if "C-V" (Visitor-Commercial) zoning is retained for the front half of the property 3) due to the surround- ing environment the property lends itself much better to residential develop- ment rather than commercial 4) "R-M-3,000" (Multi-Family Residential) would be more desirable than "R-M-4,000" (Multi-Family Residential) zoning for this property and 5) he has a list of thirteen (13) people that are interested in purchasing condominiums on this property under .the "R-M-3,000" zoning. Commissioner Marshall pointed ou't that a recommendation'of the General Plan is that "R-M-3,000" (Multi-Family Residential) be eliminated as a permitted zoning classification. Mr. Jerry Lohr, in answer to an inquiry from Commissioner Belanger, stated there would be units allowed if :the property were developed under "R-M-3,000" zoning and units under the "R-M-4,000" zoning. -2- Planning Commission Minutes - 14 August 1972 - Continued II. A. 1972 General Plan Review - Continued Commissioner Metcalf advised that 1) the members of the General Plan Committee agree that no change should be made at this time for the Dempsey Property at Sixth and Big Basin Way 2) the basic reason for this feeling is that at the time of the 1968 General Plan Review,after considerable study and with the help of a consultant, it was recommended that the whole of the Big Basin Way frontage be dedicated to commercial and mainly "C-V" (Visitor-Commercial) development this zoning to extend from the turn at the.end of Big Basin Way down to the intersection of Saratoga-Los Gatos Road 3) at that point provide a transition zone to "R-I" represented by "R-M" (Multi-Family Residential) along Oak Street 4) it is his opinion that there is no urgent'need to develop the property at Sixth and Big Basin Way at this time and 5) the concern at this time is with a General Plan which should guide the orderly g~owth of Saratoga through the year 2000. Commissioner Martin stated that 1) .he was not at all sure that there should be commercially zoned areas at the far ehd of Big Basin Way 2) the zoning was decided upon in 1968 and since then the traffic quite possibly has become worse and'3) under the 1968 General Plan it was recommended that "C-V" (Visitor- Commercial) would be the best use of the front portion of this property and it is the recommendation of the General Plan Committee that the "C-V" zoning designation remain for the Dempsey property pending the 1973 General Plan Review. The 1973 General Plan should not only consider the Dempsey property but, also, consider commercial zonipg changes with easier access - for example Saratoga-Sunnyvale Road. Commissioner Marshall stated that he is opposed to the idea Of retaining this property as commercial. His recommendation is that the Dempsey Property at Sixth and Big Basin Way be held for further study at the time of the Major General Plan Review for 1973 and that the recommendation made in the General Plan Report for 1972 be deleted. Chairman Lively stated that 1) he is in favor of zoning this property "R-M" 2) at one time a commercial development was proposed for the property at Sixth and Big .Basin Way and the neighbors adamantly opposed the idea and 3) a commercial development at this property would obstruct traffic flow down Big Basin Way. Commissioner Metcalf moved, seconded by Commissioner Martin, to retain the recommendation relative to Item I. C. 5. .Dempsey .Property at Sixth "and Big Basin Way as stated in th~ 1972 General Plan Report dated 14 August 1972; a vote was taken which showed a split vote; therefore, the motion did not carry Opposed to Motion In Favor of Motion Commissioner Marshall Commissioner Metcalf Commissioner Lively Commissioner Martin Commissioner Belanger Commissioner Bacon Chairman Lively, in answer to an inquiry. from Mr. Ed Kolstad (present to represent James'Day, applicant for change of Zoning), explained that the specific property on Walnut Avenue involved in the change of zoning application C-153 has been referred for specific study under the 1973 General Plan Review. Commissioner Metcalf then recommended that.IV. A. .of the 1972 General Plan Report be amended to read as follows: "A. We are in general'agreement with the proposed Open-Space Element of the 1972 General Plan Review and recommend its adoption." Commissioner Metcalf moved, seconded by Commissioner Martin, for adoption of the 1972 General Plan Report dated 14 August 1972, as amended, and with the proviso that the City Council be notified of the three (3) to three (3) split vote of the Planning Commission on Item I. C. 5. . . of the subject report and further that the subject report be forwarded to the City Council as the action taken by the Planning Commission on. the 1972 General Plan; motion carried unani- mously. -3~ Planning Commission Minutes - 14 AugUst 1972 Continued II. A. 1972 General Plan Review - Continued Chairman Lively thanked the General Plan Committee for all the work and the fine job they did on the General Plan Review for 1972. B. V-381 - Malachy J. Moran, Saratoga Avenue - Request for Variance to Allow Lot Size and Width Reduction - Continued from 24 July 1972 The Secretary explained that the hearing relative to V-381 should not be opened at this time since the applicant is out of town and has asked that the variance request be continued to the next regular meeting. Chairman Lively so directed. C. V-382 - Richard A. Staffiery~ View Oak Drive - Request for Variance to Allow Decrease in Side Yard Setback for Second Story Addition - Continued from 24 July 1972 Chairman Lively reopened th:e hearing at 8:50 P.M. The Assistant Planner read the Staff Report relative to V-382 dated 14 August 1972 recommending that the subject request for variance be approved. Commissioner Martin moved, seconded by Commissioner Marshall to close the hearing in connection with V-382 at 8:54 P.M.; motion carried unanimously. Commissioner Martin moved, seconded by Commissioner Marshall, that the Staff Report dated 14 August 1972 be adopted and the subject request for variance be approved on the basis the required' findings of Section 17.6 of the City of Saratoga Zoning Ordinance NS-3 can be made for the 'reasons stated in said report; motion carried unanimously. D. V-383 - Konrad Fischer, DeHavilland Drive - Request for Variance to Allow Decrease in Side Yard Setback. for Accessory Structure - Continued from 24 July 1972 Mr. Lewis O'Neil, attorney present to represent the applicant, rquested that V-383 be continued to the next regular meeting in order to allow him additional time to prepare photos and diagrams.in connection with the subject variance request. C~airman Lively so directed. E. V-384 - Nicholas Debbas, Paseo Flores - Request for Variance to Allow Reduction in Rear and Side Yard Setbacks for an Accessory Structure - Continued from 24 July 1972 Chairman reopened the hearing'relative to V-384 at 8:58 P.M. The Assistant Planner stated that the' applicant has requested. that the subject request for variance be withdrawn and. that his fees for same be refunded. Commissioner Martin moved, seconded by Commissioner Metcalf, to close the hearing relative to V-384 at 9:01 P.M.; motion carried unanimously. Commissioner Martin moved, seconde~ by Commissioner Marshall, to approve the request for withdrawal Of variance application V-384 and'that the request for refund of filing feeS' be forwarded to' the City Council; motion carried unani- mously. Planning Conmaission Minutes - 14 August 1972 - Continued IIo F. V-385 - Wilford Meier, Sarahills Road - Request for Variance to Allow Reduction in Side and Rear Yard Setback Requirements Chairman Lively opened the hearing in connection'with V-385 a[ 9:05 P.M. The Assistant Planner stated that the Notice of Hearing was mailed. He then read a communication filed in opposition to the proposed variance by Mr. Melville H. Hodge of 21238 Sarahills Drive. Mr. Meier, the applicant, was present and stated that due to the unusual topography of this particular piece of property it is necessary to obtain a variance in order to build their house. No one else present wished to comment. Chairman Lively closed the hearing for the evening at 9:14 P.M. and referred V-38~ to the Variance Committee and directed the matter continued to the next regular meeting. Commissioner Martin, Chairman of the Variance Committee, arranged for an appointment. to meet with th~ applicant for an on-site inspection of the property on Saturday, 19 August 1972 at 9:10 A.M. G. C-158 - Dr. Julian P. Henry, Quito Road - Request for Change of Zoning from "R-l-10,000" (Single-Family Residential) to "C-N" (Neighborhood- Commercial)-- Continued from 24 July 1972 Chairman Lively reopened the hearing relative to C-158 at 9:13 P.M. The A~sistant Planner read a communication filed by K. M. Colson of 13851 Raven Court in oppostion to the proposed change of zoning. He, also, read the Staff Report dated 14 August 1972. recommending that the requested rezoning be approved. Commissioner Metcalf recommended that condition 1). .of the subject Staff Report be amended to read as follows: 1) The addition by the Planning Commission will add the use "Veterinary Clinic" to the list of Conditional uses in the "C-N" Zoning District. in accordance with the procedure set forth in Section 14.1 of Zoning Ordinance NS-3. D~. Henry, applicant, was present and explained that in the veterinary profession..' the definition of'veterinary clinic and/or veterinary hospital are as-follows:"- ~ Veterinary Clinic- Designates that there is not a DVM (Doctor of veterinary medicin~ on duty 24-hours each day. Veterinary Hospital - Designates that a DVM (Doctor of veterinary medicine) is on duty 24-hours each day. Dr. Henry further stated that all the animals at the proposed clinic would be cared for and confined inside the building and there would be no DVM in residence overnight.- The only patients kept overnight would be the ones r having surgery during the day and ~hey are heavily sedated. Commissioner ~rshall stated that this property has been ear marked by the State Highway Department for future highway construction; therefore, it is the opinion of the Subdivision Committee that the requested use would be acceptable for this property. Commissioner Belanger agreed that the' proposed veterinary clinic would be'an appropriate use for a problem piece o:f property. Commissioner Metcalf moved, seconded by Commissioner Marshall, to close the hearing in connection with C-158 at 9:30 P.M.; motion carried unanimously. -5- Planning Commission Minutes - 14 August 1972 - Continued II. G. C-158 - Continued Commissioner Bacon moved, seconded by'Commissioner Marshall, to adopt the the Staff Report dated 14 August 1972, r~mmending that the requested ~ rezoning in connection with C-158 be-~prove~jd',l be adopted and forwarded to the City Council as the recommendat~n-of-·ehe Planning Commission; motion carried unanimously. H. UP-215 - C & I Development Co., Cox Avenue & Homes Drive - Request for Use Permit for Model Home Sales Office (Tract 4574) - Continued from 24 July 1972 Chairman Lively reopened the hearing relative to UP-215 at 9:31 P.M. The Secretary read the Staff Report dated 14 August 1972 recommending that a Use Permit be granted to allow a model homes sales office for C & I Dev- elopment Co. for Tract 4574. Commissioner ~rshall explained that 1) the Subdivision Committee did recommend to the applicant that he lo=cate the proposed model home sales office on an interior lot; however, the subdivider explained that Lot 98 (using the adjacent Lot 99 for a parking lot) was the only lot left that would be suitable for loca- tion of the model home sales office and 2) the Subdivision Committee did agree to grant approval for the model home sales office for a period of six (6) months. Commissioner Martin explained that he is concerned that people will not use the park ing lot on Lot 99, but will instead park on Cox Avenue; thereby, creating an extremely.dangerous traffic problem. After discussion paragraphs 4 and 5 of the subject Staff Report dated 14 August 1972 were amended to read as follows:· "4. Parking for this Sales Office'shall not interfere with the convenience of normal activities of surrounding homes Lot 99 to be surfaced to provide temporary parking." "5. If parking on Cox Avenue becomes a problem the Use Permit may be canceled at any time." Commissioner Bacon moved, seconded by Commissioner Marshall, that the Staff Report dated 14 August 1972 be adopted, as amended, and the subject Use Per- mit to allow a model home sales office on Cox Avenue and Homes Drive for a period Of six (6) months subject to the conditions stated in said report be granted motion carried unanimously·. I. Informal Hearing - Request of M.W.M., Inc. to Add Veterinary Hospital to o List of Uses in "P-A" (Professional-Administrative) Zoning District - Continued·from 24 July 1972 Chairman Lively reopened the hearing at 9:46 P.M. Mr. Sam Anderson, attorney representing the applicant, stated that 1) he did submit written information for review by the Commission along with a favorable ruling by the Superior Court relative to a similar request 2) the veterinary association of California very strictly regulates the pet clinics, hospital, and offices 3) a clinic is a place for diagnosis and treatment, where students are present, a hospital is for the treatment of the sick and injured, and an office is for treatment, but without the presence of students and does not allow the keeping of overnight patients except in cases of extreme emergency 4) the veterinary is comparable to an M.D. since their training is the same and the illness of animals are often very similar to those affecting humans and 5) actually the subject appli- cation should be amended to request a'veterinary office rather than a veterinary hospital since no animals will be kept overnight. -6- Planning Commission Minutes - 14 August 1972 - Continued II. I. Informal Hearing - Continued The Assistant Planner stated that if the request is to be amended a new Notice of Hearing must be published·and mailed. Chairman Lively, in view of the foregoing, referred the matter to the Sub- division Committee and Staff and directed that the subject request be re- noticed and some definition of veteripary office be included. He then directed this matter continued to the next regular meeting. III. BUILDING SITES AND SUBDIVISIONS A. SDR-976 - Mel de Selle, Vickery Avenue - Building Site Approval - 1 Lot - Continued from 24 July 1972 The Assistant Planner stated that the applicant did review the proposed condi- tions of approval and expressed satisfaction with same. Commissioner Bacon moved, seconded by Commissioner Marshall, that the Building Site Committee Report dated: 14 August.1972 relative to SDR-976 be adopted and that the tentative map (Exhibit "A~i" filed 1 August 1972) be ~ed subject to the conditions set forth in said r~port; motion carried unanimouSlY. B. SD-979 - Robert L. Dale, Peach Hill ROad - Building Site Approval - 1 Lot - Continued from 24 July 1972 The Assistant Planner recommended that SD-979 be continued to the next regular meeting to in order to allow additional time to work out problems with the Health Department. Chairman Lively so directed. C. SD-980 - AVCO Community Developers~ C~x Avenue - Subdivision Approval - 19 Lots The Assistant Planner read the Staff Report dated 14 August 1972· recommending the applicant's 19 lot subdivision be denied because said proposal is not consistent with the 1971 Saratoga General Plan which shows the land use of a future state freeway on the subject parcel of land. Mr. Ron Harrison, present to represent the applicant, stated that this proposal is located along the proposed West Valley Freeway right-of-way and the applicant would like some decision on ·this property. Chairman Lively recommended that the last paragraph of the subject Staff Report relative to SD-980 be deleted. Commissioner Bacon moved, seconded by2Co~missioner Marshall, that the Staff Report dated 14 August 1972 relative to SD-980 be adopted, as amended, and that'the application for a nineteen (19) lot subdivision on Cox Avenue be denied for reasons stated in said report; motion carried unanimously. IV. DESIGN REVIEW A. A-391 - George W. Day~ Douglass Lane - Final Design Review - Single Family Residence Commissioner Marshall explained that the Design ·Review Committee met with the applicant's representative, Mr. Lou Leto, and it was determined that some changes were required. The Assistant Planner read the Staff Report dated 14 August 1972 recommending that Final Design Approval be granted for Lot nine (9) on Douglass Lane. Commissioner Bacon explained that the future owner of this homesite is an older lady and a shorter, straight driveway would present fewer problems to her. -7- Planning Commission Minutes - 14 August 1972 - Continued IV. A. A-391 - Continued Commissioner Martin wondered about the wisdom of. moving the house closer to the street;'thereby, reducing the front yard setback as recommended in the Staff Report relative to A-391. Commissioner Belanger explained that the applicant did not want to care for a yard and would like to put the back.yard in orchard and create a smaller front yard by moving the house closer to the street. Chairman Lively stated that, in his opinion, this "P-C" development is rapidly taking on the appearance of a standard subdivision. After discussion, it was recommended that the Staff Report dated 14 August 1972 be amended as follows: change the last sentence of paragraph[1. .to read as follows. ."The only exception will be a straight driveway versus a curved driveway." add ~he following conditions b). and c) - "b) Provide wood siding on f~ont andleft Side elevation. "c) Maintain 45-foot front yard setback as shown on approved site development plan Exhibit "Y" in C-148." Commissioner Metcalf moved, seconded By Commissioner Marshall, that the Staff Report dated 14 August 1972 be adopted, as amended, and that Final Design Approval be granted for A-391, for a Single family residence on Lot nine (9) in the George Day subdivision on Douglass Lane, subject to the conditions set forth in the said report; motion carried unanimously. B. A-398 - Connie Hillblom, Big Basin Way - Final Design Review - Conversion and Remodeling Residence into Commercial Building Commissioner Marhsall explained that ~his is an existing residence in a "C-V" Zoning District which the applicant proposes to convert into a small commer- cial shop and in general it is a rather pleasing improvement. The Assistant Planner read the Staff Report dated 14 August 1972 recommending that Final Design Approval be granted for A-398. Commissioner Marshall recommended that condition c) be added to the subject Staff Report as follows: "e) Submit sketch of roof crest treatment and front." Commissioner Belanger recommended that the work-room at the rear of the lot be removed since it could become a fire hazard. CommissiOner Marshall stated that condition d) of the subject Staff Report prohibits storage of any flammable merchandise in the work room building. The applicant was present and explained that removal of the work-room building would make a big change.in her plans, because there is little work room in 'the main building. The worksroom building will be used for flower arranging and the building would be heated and brought up to code. Commissioner Belanger stated she agreed the proposed improvements will result in a better looking building; however, she is opposed to granting Final Design Approval for A-398 on the basis the applicant should be required to remove the work-room building since it does not conform to setback requirements and is a potential fire hazard. -8- Planning Commission Minutes - 14 August 1972 - Continued IV. B. A-398 - Conti'nued Commissioner Marshall moved, seconded by Commissioner Metcalf, that the Staff Report dated 14-~ug.ust 1972 be adopted, as amended, and that Final Design Approval be g~rant_~ed~ for A-398 to allow/ conversion and remodeling of a residence on Big B~sin Way into a commerdial building.subject to the conditions stated in said report; motion carried with Commissioner Belanger voting "no". V. CITY COUNCIL REPORT Commissioner Belanger gave a brief summary of items reviewed and action taken at the City Council meeting of 2 August 1972i with emphasis on items of particular interest to the Planning Commission. PLANNING POLICY CO~fiTTEE Chairman Lively stated that he did attend the PPC meeting of 27 July 1972 and among some items discussed were the following: 1) Qualification of Santa ~Clara Coun[y for designation as Title I Area under Public Works and Economic Development Act of 1965 2) A motion carried to have Santa Clara .County Flood Control and Water District implement the Tudor Engineering Report's Inboard Levee Plan, without bayward channel levees. 3)A meeting will be held on 17 August 1972 to discuss General Funding and Chairman Lively urged all Commissioners to attend. Chairman Lively further stated that there is a great volume of material involved in PPC and there will have to be more Staff work to keep abreast. VI. OLD BUSINESS A. Retirement Housing Standards -.Continued from 24 July 1972 Chairman Lively referred the Retirement Housing Standards to the Subdivision and Design Review Committees for study and directed the matter continued to the next regular meeting.. VII. NEW BUSINESS A. SDR-970 - Jannette Palermo, Pike Road - Direction of City Council to Modify Condition of Building Site Approval Chairman Lively referred this request' for modification of condition of building site approval to the Subdivision Committee and requested the Committee discuss the matter with the applicant's attorney and then directed same continued to the next regular meeting. B. SD-978 '- (Tract 3485) - Noorudin Billawala, Montalvo Road - Request for Reconsideration of Condition of Subdivision Approval The Assistant Planner read the report submitted by the Assistant Director of Public Works dated 11 August 1972 recommending that condition No. 6 of the '24 July' 1972 Subdivision Committee Report for SD-978 be enforced. Mr. Don Landberg, engineer from Ruth and Going present to represent the applicant, stated that what is required to fill the requirement of condition No-. 6 is 300-feet of drain line and the problems falls into two areas 1) money and 2) engineering. He has reviewed the report submitted by the Assistant Director of Public Works and finds many-points of disagreement. He would request that this matter be continued and a meeting be scheduled with the Assistant Director of Public Works to discuss these points. Chairman Lively directed SD-978 continued to the next regular meeting and referred same to the Subdivision Committee and Assistant Director of Public Works. '-9- Planning Commission Minutes - 14 August 1972 - Continued VII. C. Slope Density The Assistant Planner stated that a copy of the'Slope Density Ordinance has been included in each Commissioner's folder for their review. D. Dempsey Property - Oak Street and Saratoga-Los Gatos Road - Library Site The Assistant Planner explained that the Subdivision Committee will present this matter to the entire Commission at some future date for consideration of a change of zoning for this site in order to use it as a library site. VIII. CO~D;UNICATIONS A.WRITTEN None ORAL Grading - Tractl 5233 Sur~nerplace Mr. Ray Muzzy, Vice-President of Prides Crossing Homeowners Association, stated that 1) it has been brought to his attention that in Tract 5233 (Summerplace) some of the grading is leaving the back yards built up anywhere from 1-foot to 4~feet as compared to the existing adjacent lots 2) some of the neighbors are present to protest this situation and some have been in City Hall to complain 3) the foundations of the graded lots will be poured .very soon 'and.'4) it is the hope .of the residents of the area that this unfortunate situation can be corrected. Mr. Ted Rafalovich, 12683 Holyoke Court, stated that 1) his .property backs up to Lots 2 and 3 of Tract 5233 and his property has a 6-foot fence with a planter on top of it and the adjce fance sticks 1-foot above that because of the grading 2) this is a' serious matter and he would like it · resolved some way and 3) if the grade is not changed drainage problems will eventually be the result. Mrs. Leland Robinson, 19601 Needham Lane, stated that her property is, also, affected by the grading and she feels the adjacent residents 'should be afforded some protection by the City. A resident of Brockton Lane stated that 1) the back of his lot backs up to a tract lot 2) the tract lot is 2-feet below the grade level of his lot and 3) it seems some adjustments should be made in the grading plans for this subdivision. Mr. Charles Huff, President of Prides CroSsing Homeowners Association, stated he did discuss this matter with the developer.and the engineer for this tract and they informed him the grading was established for drainage purposes and the plans were approved by the City and could not be changed except by the City. · Chairman Lively stated he would call this mat. ter to the attention of the City Manager, the Director of Public. Works, and the Building Official the first thing in the morning.- """ GUests Chairman Lively acknowledged, with pleasure, the presence of Councilman Diridon, the residents and members of Prides Crossing Homeowners Association, Dr. Abrams, and Mrs. McGuire of the Good Government Group. He, also, thanked Mrs. McGuire for the coffee served at recess. -10- Planning Commission Minutes - 14 August 1972 - Continued 'IX. ADJOURNM]ENT Commissioner Metcalf moved, seconded by Commissioner Marshall, to adjourn the Planning Commission.meeting of 14 Augus t 1972 at 11:50 P.M.; ~ motion carried unanimously. Respectfully submitted, · Stanley M. "'Walker, Secretary Saratoga .P. lanni~ng Commission j