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HomeMy WebLinkAbout01-22-1975 Planning Commission Minutes OF SARATOGA PLA~]qING ~fINUTES TI~: Wednesday, January 22, 1975 - 7:30 p.m. PLACE: City Council Chambers o 13777 Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting I. ROUTINE ORGANIZATION A. ROLL CALL Present: Commissioners Belanger, Callon, Marshall, Martin and Woodward Absent: Commissioner Smith B. MINUTES Commissioner Belanger moved, seconded by Commissioner Woodward, that the read- ing of the minutes of January 8, 1975 be waived, and that they be approved as distributed ~o the Commission subject to the following corrections: (1)page 11 - Commissioner Woodward, not Commissioner Belanger, made the motions on Items IV-B and IV-C (2) page 12 - First heading of VII-Communications should read "Written" rather than "Oral" The motion was carried; Commissioner Martin abstained. C. CITY COUNCIL REPORT Commissioner Woodward gave an oral presentation of the City Council meeting of January 15, 1975. Of special interest to the Commission were the follow- ing items: (1) Third public hearing on the Housing Community Development Act was continued to the Committee-of-the-Whole meeting on January 21, 1975. (2) Discussions relative to no-parking signs around West Valley College were continued to the next regular City Council meeting. Commissioner Belanger requested a report on the Community Development Act discussions at the above-mentioned Committee-of-the-Whole meeting. The Secretary reported that the priorities voted on and passed were as follows: (1) elderly housing; (2) Arco service station demolition; (3) small-scale neighborhood rehabilitation code enforcement project; and (4) urban beauti- fication (landscaping street mediansl, ~tc.) and Phase II development of Quito Park. II. PUBLIC HEARINGS A. C-172 - Blac~ell Homes (Parker Ranch), Prospect and Stelling Roads, Change of Zoning Request from "A" (Agriculture) and "R-i-40,000" (Single- Family Residential) to "R-i-40,000 PC" (Single-Family Residential Planned Community); a 218-acre parceli Continued from October 23~ 1974 The Secretary advised the Commission that the developer's engineer, Mr. Heiss, had submitted a letter requesting this matter be continued to the Commission meeting of February 12, 1975. He noted that the iSubdivision Committee and Staff had met with Mr. Heiss and requested various items and exhibits be provided; he added, however that these materials had_yet to be submitted. The Secretarl~ stated that Staff recommended this matter be continued to the February 26th Commission meeting in order to allow Staff and the Subdivision Committee adequate time in which to review the applicant's material when submitted. Mr. Heiss was present and indicated acceptance of this suggestion. Chairman ~rshall directed C-172 be continued to the Planning Commission meeting of February 26, 1975, and referred this matter to 'the Subdivision Committee and Staff for further review. -1- MINUTES DF JANUARY 22, 1975 B. C-178 - City of Saratoga, Change of Zoning of Certain Parcels to be Consistent with the 1974 General Plan for the City of Saratoga, Zones #1, #3, #6, ~7 and ~23; Continued from January 87 1975 ZONE 1 Chairman Marshall reopened the public hearing on C-178, Zone 1 at 7:41 p.m., · noting that the public hearing on this zone had been continued from January 8, 1975. Mr. Loewke, Planner I, explained that Zone 1 was a single 47.39-acre parcel owned by the Fremont Union High School District bound on the north by Prospect R~ad and the Southern Pacific railroad tracks, on the east by Tracts 4508 and 4536 (both zoned R-1-12,500, medium density), on the west by the Parker Ranch site (zoned A and R-I-40,000, agriculture and very low density), and on the south by Tract 4886 and Tract 4887 (zDned R~!~12,500, medium density). He pointed out that Zone 1 was presently zoned both R-1-12,500 and R-l-15,000 (medium density), and that the City proposed this parcel be rezoned to R-i-20,000 PC (low density, Planned Community) in order to provide a transi- tional zone between surrounding properties as well as in order to bring the zoning into consistency with the 1974 General Plan. One piece of correspondence was read into the redord: Letter dated January 22, 1975 signed by Jack Roper, secretary to the Board, Fremont Union High School District opposing the proposed change of zoning to R-i-20,000 PC but requesting the zone be changed to R-l-15,000. Citizen Response · Kathleen Coakley, 14664 Springer Road, 0~posed the proposed rezonin~ indi- cating that she felt the property ~"should be planned for a park situation." She stated that there were many tract homes~in the area, and by /planning the property for parks and recreational use, people like herself who c"0~rd'not ~f~'r'd~l%~in ~City would have an opportunity to enjoy the property. Chairman Marshall explained that the change of zoning had been initiated by the City in order to bring City zoning into consistency with the General Plan as mandated by State law. He pointed out that the number of homes which could be built on the propertX under the present zone was a maximum of approximately 104 homes, whereas under the proposed ~ zone the maximum number would be approximately 69 homes. He further noted Cit ~ that the y s Parks & Recreation Commission had been studying the parks situation in the area, and had earmarked a small portion of the school property as a possible future park site. · Charles Hunter, 20846 Meadow Oak, asked why this property was proposed to be rezoned to "PC" rather than straight residential zoning. Chairman Marshall-explained that under a straight R-1 zoning a developer could develop his land anyway he wished as long as he complied with the Ordinances of the City. However, under the "PC" designation, an area must be pre- planned, with a development plan submitted to and accepted ~X the Cit~; .......... 'f~'f~h~h~'d[VYl~per would be under time and legal constraints to build ;within the time frame and in accordance with the approved plan. · Russell Crowther, 20788 Norada Court, indicated concern with the "PC" designation, stating that even though this designation gave flexibility to the Planning Commission, the wording of "PC" ~ould also allow flexibility in the direction of low-income housing. The Secretary pointed out '!.~he City .cannot discriminate against low-income housing anywhere at any time."' Chair- ~man Marshall sU~g~'ted that Mr. Crowther had perhaps confused "PC" with "PDn /concept, the latter of which allows variable types of development within a zone. He called Mr. Crowther's attention to Section 4(A) of the Zoning Ordinance ~which defines "PC" as being a district which may be combined with any =re~ential district. ~ · Jim Isaak, 18596 Martha Avenue, stated that he had been on ~e General Plan .............. R~view Committee, and that the Committee had felt; , as ~p~ose~' to s~'~i~'t zoning, would~llow the Planning Commission an opportunity to insure that hillsides such as this would be developed with sufficient planning and with -2- '~.=- MINUTES OF JANUARY 22 B. C-178 - ZONE 1 - Continued open space. He ~dded'that i't was the intention of the Committee 'by recom- mending the "P~" concept to provia~'fb~ pre~l~ning a'n~'~"ehe same time pro- - vide for aesthetic standards. Chairman Marshall added to these statements that the density per se would be no greater under'PC than with straight R-1 zoning; h~ever, it would be possible to cluster or reshape properties in such a way as to provide for common greens or better siting. Commissioner Response · Commissioner ~rtin stated that he felt the Fremon~ High School District in its letter of January 22, 1975 made the assumption~ that the rezoning this property would diminish the value of the property. He stated that he felt this was an assumption-on the District's part, and that the City was not necessarily deevaluating this property. · Commissioner Callon stated that she was in favor of the "PC" concept, as well as in favor of this "buffer zone" from a more developed area to a very low density area. · Chairman Marshall stated that the R-I-20,000 designation as opposed to R-l-15,000 was the direct result of dialogues on the adjacent parcel and the high school parcel with the Greater Arguello Homeowners Association, '-He added that the "PC" concept, however, had been the notion of the ~ Subdivision Committee in that it would provide f~"~'~ s~'~{ngent ~et- 7f requirements in developing this property than straight R-1 zoning would provide. Commission Action Commissioner Woodward moved, seconded by Commissioner Martin, that the public hearing on C-178, Zone 1 be closed. The motion was carried unanimously, and the public hearing was closed at 8:09 p.m. Commissioner Belanger moved, seconded by Commissioner Woodward, that pursuant to Section 65860 of the California State Code that the Planning Commission approve the change of zoning from R-1-12,500 and R-l-15,000 to R-I-20,000 PC for Zone 1, C-178 per the Staff Report dated January 22, 1975, and that this recommendation be fo~.~arded to the City Council for its approval. The motion was carried~unanimously._ ZONE 3 Chairman Marshall reopened the public hearing on Zone 3, C-178 at 8:09 p.m., noting that this hearing had been continued from January 8, 1975. Mr. Loewke explained that Zone 3 was composed of 8 lots in Tract 4279, t .tot in Tract 4828 and 7 parcels comprising 8.22acres, bound on the north by Tract 4886 (R-1-12,500, medium density), on the east by Arroyo de Arguello (R-1-12,500, medium density), on the south by Tract 4828 (R-I-40,000 very low density), and on the west by Williamson Act Preserve Lands ("A," agriculture). He further explained that in order to bring the zoning of this area into consis- tency with the~%974 General plan,-staff proposed Zone 3 be rezoned from R-l-15,000 (medium density) to R-i-40,000 (very low density). Citizen Response · Jay Croch, 12721 Arroyo de Arguello, asked what impac~_t_hi~s~hange of zoning would have on homeowners in the area. He pointed out!homes in the area had been existing for a number of years, and contended that the General Plan did not ~sider this, To Mr. Croch's first '~uestion, Chairman Marshall ~ explained that there would be no effect on any of the property owners in this zone relative to changing the maximum lot ~ield,iwith one exception. He added, however, that if the property owners wished to expand, modify or rebuild their homes if the structures were partially destroyed, certain restrictions would be imposed under the new zoning; i.e., one could not expand a structure in any direction which impinged upon the zone's setback -3- ":.' ~ ~: MINUTES OF JANUARY 22 B. C-178 - Zone'~- Continued limitations. In answer to Mr. Croche's latter point, Chairman Marshall ex- 'plained that the General Plan Review Conmaittee had been composed of a large num- ber of citizens, and that the Committee had g.enerally bound the City area in .a free-form fashion; further, that Staff had determined as consistently as possible how the City zoning matched the General Pian. Mr. Cro~h went on record as opposing the zoning change on the basis that the proposed zone may effect his ability to develop his property in the future. He added that it seemed peculiar to him that if housing had-been existing for several years, why the Master Plan would be drawn inconsistent with that. · Tom Fryer, 14029 Saratoga Hills Road, stated that it was his understanding that if structural damage was 40%+, one must meet the new conditions of the zoning; i.e., in this case, R-i-40,000 setbacks. He further stated that it had been his understanding that the City was always trying to reduce the number of legal non-conforming uses in the City, and that in this case the City would be creating more. He contended that because of that reason the General Plan should be changed to meet the zoning of this area. To Mr. Fryer's first remark, Chairman Marshall explained that under the City Ordinances, if a house was damaged in excess of 50% and the house did not comply with the zone's setbacks (legal non-conforming), one would have to either rebuild the structure in accordance with setbacks or apply for a variance. In reply to the latter statement, Chairman ~rshall stated that the reason the City had chosen the change of zoning process in lieu of changing the General Plan was that the most recent changes had been with the 1974 General Plan'. He added that one could assume that the large number' of people who participated in that action meant what they said. He added, however, that the purpose of public hearings was to determine what action the City should take. It was pointed out that any element of the General Plan could be changed three times a year, and that a decision~on this matter ~which must be made by the Commission would be whether to change the zoning or th~74 General Plan. · Russell Crowther, 20788 Norada Court, asked, with regard to the interpreta- tion of the General Plan and its relationship to the school property, what _part of the General Plan designated these homesites to be rezoned. He .stated that it was his understanding that the General Plan ~p was off the ~ press in October. He further stated that he had at'ten~'d' most ~f'~h'e General Plan meetings, that he had handouts of those meetings, and that he had found things in the General Plan document which did not occur in public hearings. He added: "-Then-there are-things such as this map which was not developed until October. Was there a public hearing held on those items?" In answer to Mr. Crowther's first-question, it was pointed out that the multi-colored General Plan Map was the source of the rezoning designations. To the latter comments, Mr. Johnston noted that the school property was not being discussed under this zoning. He pointed out for the benefit of the audience that this matter had been brought up before the Planning Commission and City Council on several occasions by Mr. Crowther, and that on each occas- sion an answer had been given. Chairman Marshall added to this that in answer to Mr. Crowther~s allsgation concerning matters contained in the General Plan which were not discussed at a public hearing, that all zoning of individual areas in the General Plan were covered in public hearings and public meetings, and had been voted on in public hearings.~' He explained that the only interpre-_ tation made per se on the map was: "The consultant in attempting to inter- pret what we collectively, the citizens of Saratoga and the Planning Commission, ff~ally voted on could not necessarily guarantee that that line was within ~one-eighth of an inch of where we thought it would be. The map represents to the best of their ability exactly where they thought we said it should be." · Steve Pecsar, 20880 Wardell Road, contended that his 4.7-acre parcel would suffer greatest from the proposed rezoning. He stated that he felt the treatment of the rezoning was illogical, and that rezoning from R-I-15,0OO to R-i-40,000 seemed to serve no purpose. He pointed out that it was his understanding that the original zoning came by way of definition of'the 3~5th segment line west of the ridge, and that he did' not understand the logic of -4- ~RNUTES OF JANUARY 22 1975 B. C-178 - Zone ~ - Continued including parts of Arroyo de Arguello in this area. Mr. Pecsar further stated: "If those people who seem to prefer to view the hillsides and are so against seeing high density development_-feel so strongly, I feel it would be fair that they should band together and buy these properties rather than let us carry the heavy tax burdens." He concluded his remarks by stating that in concern for justice, the General Plan should be changed in this case to be consistent with the current zoning. Chairman Marshall explained that the City was mandated by the State to bring the zoning and General Plan into consistency, and that the City had chosen change of zoning as the most logical process. He pointed out, how- ever, that a prejudgement should not be made that the Commission was going to change the zoning, and that this decision would be made after public testimony and all facts had been presented. · Kathleen Coakle%~ 14664 Sprinter Road, stated that she felt that many people ~in Saratoga did not really understand what wasl=happening because the ~pbliC ~ibrary did not contain'adequate'information pertinent to the City.- planning matters. She charged that the Planning Commission was n~t' reall~ hearing what the citizens were saying, and indicated that she would oppose !the change of zoning because of this reason. Chairman Marshall pointed out that the Planning Commission was an appointed body who served in an advisory capacity to the City Council. He stated that the Planning Commission~s decisions were based on a composite of the total input received on a matter; and that once a decision on the zoning was reached, it would be forwarded to the City Council at which time the public may once ~gain be heard. It was further pointed out that the process of the General Plan which put the City at this point involved months of public hearings and participation by hundreds of citizens of Saratoga. It was explained that there had been 105 people who originally signed up for and who indicated a willingness-to participate in the General Plan Citi- zens Committee in 1973; further, that by the time 'there was a consensus on the General Plan, the number of participants had dropped to 25. The Secre- tary explained that the City was now j~st trying to meet the State requirement which~§tipulates that City land classifications must be consistent wiTh'the General Plan, and added that what Ms. nCoakley was seeing this evening Was how this General Plan affected the individual homeowners in the City. It was further noted that a copy of the City'Code was available in both City libraries. Commissioner Response · Commissioner Belanger asked if there was a logical reason why the Zone 3 lines had included Arroyo de Arguello. The Secretary stated that the certi- fied General Plan Map had been overlaid onto the Zoning Map and the proposed rezoning lines were a result of this. Ms. Belanger stated that she too was concerned that the City would be creating more legal non-conforming lots, and further that the potential for the home- owners to use their lots would change appreciably. She added that the City should fit the zoning to the land rather than change the land to fit the zoning, and that the lines should be drawn relative to topography rather than parcel lines which were rather arbitrary. Discussion followed on this, and it was the consensus of the Commission that Zone 3 should be further studied with regards to changing the General Plan. Mr. Pecsar suggested the City consider using the 35th segment line as the dividing line. Mr. Fryer stated that the General Plan had previously been defined as a gray area, but presently it was being very precisely defined. He complained that the homeowners whose properties were 'affected by the General Plan were never notified of this fact. He contended that by using the argument that the General Plan had b~p_c~Rg~,_!~y~!~ge was being used to change the zoning. Chairman Marshall pointed out that it would b~_physicall~ impossible to send General Plan notices to all residents within the City; however, the City did go to great length to publicly notice General Plan hearings. Commissioner Callon added to this that all citizens were given the opportunity through public notices to comment on the General Plan, and further that copies of the General Plan were made available in the City's libraries. ~fINUTES OF JANUARY 22~ 1975 =B. C-178 -TZone 3 - Continued At this time, Chairman Marshall directed the public hearing on C-178, Zone 3 be closed at 9:07 p.m., that it be continued to the Planning Commission meeting of February 12, 1975, and referred same to the Subdivision Committee and Staff for further review. ZONE 6 Chairman }~rshall opened the public hearing on C-178, Zone 6 at 9:09 p.m. Mr. Loewke explained that Zone 6 comprised 13 lots in Tract 3101, 2 lots in Tract 4253, 3 lots in Tract 3461 and 4 parcels in between Verde Vista Lane on the north and Malcolm Avenue on the south, bound on the west by R-i-40,000 zoning (very low density), to the east by R4!-12,500 zoning (medium density), to the south by agricultural zoning, and to the north by R-I-40,000 PC zoning (very low density, Planned Development). He further explained that in order to bring the zoning of these properties into consistency with the General Plan, Staff proposed Zone 6 be rezon~d from R-i-40,000 to medium density, which Staff interpreted to be_R-l~I5,000. Citizen Response ® George D~din~er, 20862 Sarahills Drive,__opposed this proposed change of zoning because it would~devaluate his property. Chairman Marshall ex- plained that there was only onei one-acre parcel in this ~one, and the re-' imaining majority '5t parcels fell between .6 and .28 acre. It was further explained that due to the average slope of these parcels, the maximum num- ber of lot yield Would not change from the present zoning to the proposed zoning; i.e., the maximum number of lots under the present as well as pro- posed zoning would be one lot. With this explanation, Mr. Didinger withdrew his objection to the proposed zoning. · A gentlemen in the audience opposed the change of zoning in that lesser set- backsrequirements could poSsibly'move a neighboring structure too close to - his home. "e'7~g~ Fryer, 14~29 Sara[oga ~li~ad, stated tha['~e proposed zoning would bring legal non-conforming lots into conformity and he felt this was a logi- cal step to make. Commission Action Commissioner Woodward moved, geconded by Commissioner }~rtin, that the/public hearing on C-178, Zone 6 be closed. The motion was carried unanimously, and the public hearing was closed at 9:20 p.m. Commissioner Belanger moved, seconded by Commissioner Woodward, that pursuant to Section 65860 of the California State Code that the Planning Commission approve the change of zoning from R-i-40,000 to R-l-15,000 for Zone 1, C~178 per the Staff Report dated January 22, 1975, and that this recommendation be fon.~arded to the City Council for its!i~pproval. The motion was carried unanimously. ZO~ 7 Chairman Marshall opened the public hearing on C-178, Zone 7 at 9:22 p.m. Mr. Loewke explained that Zone 7 was comprised of 64 lots in Tract 1318, and 3 adjacent parcels comprising 13.83 acres located directly south of Tract 1318. He explained that Zone 7 was bound on the north and west by properties zoned R-i-40,000 (very low density), on the east by properties zoned R-l-10,000 (medium density), on the southeast by property zoned R-M-3,Q00 (mutiple-family residential), on the south by a portion zoned R-M-4,000X (multiple-family residential), and the remainder properties to the south zoned R-i-40,000 PD (very low density, planned development). He stated that in order to bring this zone into consistency with the General Plan which called for low density resi- density, Staff proposed Zone 7 be rezoned from R-I-40,000 to R-i-20,000. Chairman Marshall read the recap chart on Zone 7 prepared by Staff into the record which explained that of the 67 lots involved in Zone 7, the maximam number of lot yields would remain the same under the present and proposed zoning. ~NUTES OF JANUARY 22~ 1975 B. C-178 - Zone 7 - Continued It was further noted that only 6 parcels of the 64 lots in Tract 1318 were over one-acre in size.- Three pieces of correspondence were introduced into the record on Zone 7: (1) Letter dated January 19, 1975 from John and Sylvia Russ, 21121 Canyon View Drive, opposing the change of zoning proposed for Zone 7. '(2) Letter dated January 22, 1975 from Edward and Lorna Panelli opposing the change of zon- ing ~roposed for Zone 7. (3) Letter and petition received January 22, 1975 containing signatures of 6 homeowners residing on Canyon View Drive requesting the Planning Commission to reject the proposed zoning of Zone 7. Citizen and Commission Response · John Haufe, 21210 Canyon View Drive, made the following points: (1) He stated that the notice of hearing should read Tract 1318 not Tract 1319. (2) Relative to the 13.83 acres located on-or near Canyon View Drive and Sullivan Way, Mr. Haufe contended the map showed these acres located south of Gl~nmont Drive and not near Sullivan Way; further that Tracts 3946 and 3729 (Staff Report should read Tract-3729 not Tract 372) were not involved 'n in this public hearing because they were not adjacent to the 13.83 acres. (3) Mr. Haufe stated that according to his calculations based on the acreage, the 64 lots in Tract 1318 would be zoned as follows: R-I-40,000 - 6 lots or 9%; R-i-20,000 - 23 lots or 36%; and less than R-I-20,000 - 35 lots or 55%. He pointed out that on this basis, to rezone the 64 lots to R-I-20,000 would be questionable in that most of the lots were less than 20~000 square feet. (4) Mr. Haufe stated that he felt to rezone the lots in Tract 1318 accord- ing to actual square footage would result in a hodge-podge effect. He stated that Tract 1318 had been created without the benefit of a General Plan and before the incorporation of the City, and suggested that a more realistic zone would be "R-1-LNC" (residential, legal non-conforming), with any future rezoning of individual lots being considered on the lot's merits and based on the General Plan. (5) He pointed out that the Staff Report l~ referred to 7 houses having been built within the last 2 years in Tract 1318, ~'.l and contended that, as a retired president of the mutual water company in this area, only one house had been built in this area during that time. (6) Mr. Haufe concluded his .r~k'~'B~'~'fng that he felt rezon~ng Z~'fe 7 would not be beneficial to the existingproperty owners; would not be "reasonably applicable" to most of the lots; and would tend to mislead future property buyers into believing they were purchasing lots of one-half acre in size. (Chairman ~rshall noted at this point that the 64-1ot figure in Tract 1318 was the figure the Commission was using.) · Thorn ~yes, 21120 Sullivan Way, pointed out that Canyon view Drive essentially was the dividing line which separated the flat country from the hilly country, and contended that the zoning around Zone 7, with exception of the flat land, was zoned R-i-40,000. Mr. Mayes pointed out that the present setbacks were a very important factor to the homeowners in this area, and that he objected to the proposed change of zoning because the people living in this area wanted these.present setbacks retained. · Judge Panelli, resident of Saratoga, contended that General Plans were for general planning purposes, and submitted that in this case, the City would be better to modify the General Plan as opposed to changing the zoning for the following reasons: (1) Relative to the 13.83 acres of undeveloped land, he stated that a potential developer would be tempted to seek variances to get a greater lot yield. He pointed out that insomuch as the slope density would not allow greater density, why should the City mislead someone into thinking the densitE was lower than the resultin~ actual .~ield. He added 'that the'City could j~stify keeping the area in the present zoning because ~the boundary lines of those 13.83 acres ran down into the creek. '('~)' He ~contend~d that the setbacks were an important factor to the residents of /this a~a and that this should be considered. In response to these statements, Chairman Marshall .pointed out-that there ,were 6 of the 64 lots in question which presently were conforming, and that Under the proposed zoning change the number would be increased to 32. He stated that he felt this was a direction in which the City should aim, and added that most of the variances requested in the~ast in this area had been be- cause of the substandard widths of the property and the placement of"h0uses. !It was further pointed out that maintaining an R-I-40,000 zone would not _necessarily guarantee i~wer density. ' -7- MINUTES OF JANUARY 22 )75 B. C-178 - Change of Zoning - Zone 7 - Continued · James Hendry, 21305 Canyon View Drive, stated: "The City has an overriding requirement for establishing density of residents regardless of zoning," and added it appeared to him that the General Plan was in conflict with this concept. He stated that he felt the City should change the General Plan to conform with the density requirements on hillside properties rather than trying to rezone just to conform with a General Plan that might not have taken slope density properties into consideration. He proposed that Zone 7 should be referred to the General Plan Review Committee and that the General Plan be revised. Further he agreed with Mr. Haufe's suggestion of designating the entire tract as legal non-conforming insomuch as over 50% of the lots involved would not berbenefited by the change. In reply to this, Chairman ~rshall pointed out that the City had a general policy of attemtping to abolish all non-conforming uses, and that the pro- posed zoning would lessen the number of non-conforming lots considerably. Commissioner Belanger added to this that if the City were trying to bring all of these lots into conformity, the zone would be required to be R-l-15,000 and not R-I-20,000. Discussion followed on these points, and it was the con- sensus of the Commission that Staff should prepare a report onithe n~be~f~ 'h'6uses in this area whihb met the present setback requirements. ~C.L. Taggert, resident of Saratoga, stated that he felt rezoning this area to R-I-20,000 would be lending- encouragement to_potential development. He contended/"the City should not lump this undeveloped land with an area 'Which was developed 20 years ago;" and suggested that the undeveloped land should be taken out of this zone and left at R-I-40,000 which would provide a deterrent to future development. It was explained that this would consti- tute spot zoning. At this time Commissioner Callon exRressed a concern that potential property owners were sometimes misled into believing that they could obtain a greater lot y~eld than the City allowed because of the aRplication of the slope!density ~formula. 7She asked whether there was a way in which Staff could attach a notatio~ to the zoning explaining that a parcel would be subject to th[ slope ..~ensity formula. Chairman ~rshall explained that the only thing the City could do was to request potential buyers to check with the Planning Department prior to buying property. He pointed out that a problem was that many times realtors were not always cautious about telling potential buyers everything they needed to know about a lot. · ~Bud Beaudoin, 13204 Pierce Road, took exception_~? ~his last remark stating ~that he, as a Saratoga realtor, had always been careful in referring buyers to the City for information of this sort. He stated that a problem realtors might have if the zone was changed on these 13.83 acres, would be trying to explain the reason why the City r ezoned this property in the face of a slope density requirement. He indicated that he felt it would be better for the City to keep these 3 parcels zoned as they presently were rather than rezone them. Mr. Beaudoin further pointed out that he had a map from a title company on Tract 1318 which showed the tract as comprised of 70 parcels, not 55 or 64. · 'Margaret Chapman, 21221 Canyon View Drive, stated that she was not concerned with 'what happened to the properties in Wildwood Tract per se, but that her con- cern was with development of the undeveloped parcels into higher density in that the roads in the area would not be able to handle a higher density. · '~.~illiam Cunningham, 21070 Canyon View Drive, requested that Staff provide information on how many houses could be built on the undeveloped 13.83 acres if the zone was R-I-20,000 PC. H~ stated that a change of zoning from R-i-40,000 to R-I-20,000 PC would be a "very significant thing, and it would get the people informed that there was something going on that would effect us. ~ereas if reduced to R-I-20,000, the slip from R-i-20,000 to R-i-20,000 PC would be unnoticed by the people who live in the area." -8- ~-'~ ~-='o ~INUTES OF JANUARY 22 775 B. C-178 - Change of Zoning - Zone 7 - Continued Connnission Action At this point Chairman ~rshall closed the public hearing on C-178, Zone 7 at 10:40 p.m., and continued same to the Planning Commission meeting of February 26. He requested Staff submit details relative to the placement of houses and set- backs on this area, and that ~a re~ormmendation be provided on whether the 3 undeveloped parcels were subject [o rezoning to a higher density zone. RECESS: 10:45 to 10;55_D.m. ZONE 23 Chairman }~rshall opened the public hearing on C-178, Zone 23, at 10:55 p.m. Mr. Loewke explained that Zone 23 comprised 2 parcels l~Yfed on the west side of the intersection of Rei'7-. Lane and Saratoga Hills Road, bound~d"on the north by -propertie~ zoned R-1-12,500 (medium density), to the east by properties zoned R-l-10,000 (medium density), and on the south and west by properties zoned R-I-40,000 (very low density). He stated that Staff recommended this zone be rezoned from R-i-40,000 to R-1-12,500 in order that this area bre-consistent with '~h~ medium density lan~ use as designated by the 1974 General Plan. He further noted that the maximum number of lot yield on these two lots would remain the same under the present or proposed zone. He added that under the proposed rezoning, the .350-acre parcel, which was currently non-conforming, would become conforming, whereas the .282-acre parcel, which was also non-conforming, would remain substandard by'.004 acre. Citizen Response ;~ Mr. Tom Fryer, 14029 Saratoga Hills Road, stated that he was the owner of one =of the lots in this zone. He stated that he would prefer to have the property in this area conformwith the proper zone, and consequently would prefer .. Zone 23 be rezoned as proposed. Commission Action Commissioner Woodward moved, seconded by Commissioner Betange~, that the public hearing on Zone 23, C-178 be closed. The motion was carried unanimously, and the public hearing was closed at 10:58 p.m. Commissioner Woodward moved, seconded by Commissioner Belanger, that the Planning Commission approve the Staff Report dated January 22, 1975 on C-178, Zone 23, and that this be fom~arded to the City Council with the recommendation that Zone 23 be rezoned from R-I-40,000 to R-1-12,500. The motion was carried unanimously. C. GF-300 - Amendments to Articles and/or Sections of Ordinance NS-3, the Zoning Ordinance of the City of Saratoga; Continued from January 8~ 1975 The Secretary explained that Sections 18.11 and 18.4 were approved and transferred to the City Council at the January 8th Planning Commission meeting,...-~nd reported that Article 15 and Section 4 had been continued to this meeting in 6rder that a study session date be scheduled. The Secretary suggested January 30, 1975 at 7:30 p.m. in the Crisp Conference Room be the date of the Study Session, and further suggested this matter be continued to the next Commission meeting. Chairman ~rshall directed GF-300 be continued to the Planning Commission meeting of February 1~,i~97~ pending the Study Session on same scheduled for January 30, 1975. D. V-413 - Betty J. Rudd, 13387 Christie Drive, Request for Variance to Allow a 7-Foot Sideyard Setback in Lieu of the Required 10-Foot Setback, and to Allow a 7-Foot Rearyard Setback in Lieu of the Required 25-Foot Setback (Ord. NS-3~ Sect. 3.7); Continued from October 9~=1974 The Secretary:~tated that this had been continued pending completion of report 7on the general'~area problems, and that such report had no~ yet been completed. He suggested this matter be continued to February 26th. Chairman ~rshall directed V-413 be continued to the Planning Commission meeting of February 26, 1975 and referred same to Staff for further review and report. -9- ~...~ ..~.o MINUTES OF JANUARY 22 -~[ E. V-418 - Western Federal Savings and Loan Association, Big Basin Way - Request for Variance to Allow a Free-Standing Sign Measuring 5' x 6' to be Located at 14411 Big Basin Way (Ord. NS-3 Section 10.5) The Secretary suggested the Variance Committee set a date to make an on-site /{nspection of this Variance report, and recommended continuing V-41'8 to the next Commission meeting. The Variance Committee scheduled January 26, 1975 at 9:00 a.m. as the date for the on-site inspection. Chairman Marshall directed V-418 be continued to the Planning Commission meeting of February .12, 1975, and referred same to the Variance Committee and Staff for further review and report. F. UP-261 - Saratoga Cable Television, Inc., Saratoga-Sunnyvale Road, Request for Conditional Use Permit to All~ the Storage of Construction Equipment and Supplies and a Signal Processing Antenna Site to be Located at 12299 Saratoga-Sunnyvale Road (Ordinance NS-3, Section 7.3) Chairman ~rshall opened the public hearing on UP-261 at 11:07 p.m. The Secre- tary suggested this matter be continued pending an on-site inspection by the Subdivi~_on Committee to specifically address some of the site problems of the proposed antenna. Chairman ~rshall in'troduced into the record a letter dated January 16, 1975 from D.J. Sifferman, president of the Saratoga Manor Homeowners Association, 12400 Greenmeadow Lane, opposing UP-261;on the basis that the(antenna would be an unsightly structure, and because construction yards ~were not permitted. under the Zoning Ordinance. Commissioner Callon asked the time limit involved on Use Permits, and it was explained that a Use Permit would not expire unless ownership changed, the use changed or the Commission placed a condition on the Use Permit with a time limitation on it. Chairman Marshall pointed out that antenna structures were not subject to the municipal codes, but that there was a 55-foot height limita- tion on all structures within the City. Citizen Response · Ron Giorgi, applicant, pointed out that by Ordinance granting a cable tele- vision franchise in Saratoga, the City required that a back-up antenna site be constructed. He explained that the primary signal would be coming from Gill Cable TV in Santa Clara, and that he was proposing=the following ~'~- up system: Channels 2, 4 and 5 would be together on the highest antenna :which would not be higher than 40-feet; Channel~ 7 and 9 would be on one iantenna; Channel 8 would be on one antenna; Channel 11 w .uld be on one an- ~tenna; Channels 10 and 13 would be together on one antenna; and Channel 3 ,_ ~would be on one antenna. He pointed out that the highest antenna would not ~be seen b% the homeowners on Via Roncole because of the existing homesite ;and trees directly adjacent to this proposed site. tte contended that only '5 feet of the antenna would be seen from Saratoga-Sunnyvale Road because of /the existing hardware store and also because of the building directly in / front of the proposed site. He stated that relative to the construction : yard itself, construction equipment in the yard would vary in quantity as :tj__e_j~st_e_~__~a__s__~~_ and that there would be no construction vehicles !traveling in and out during the.weekends. : · Mr. Sifferman, 12400 Greenmeadow Lane, stated that relative to. the screeniSg of the facility, he would argue that the lumber yard provided screening ~o'. the San Jose area, but relatively poor screening to the bulk of Saratoga to the south; further that there would be no screening provided at all to the residents to the west along Via Roncole and to the south. Also, he contended that the lumber yard would provide no screening to motorists driving north on Saratoga-SunnyVale Road. Mr. Sifferman argued that the noise level would be essentially the same at any repeater site in the City since the distance from Santa Clara was negligible, and suggested a microwave link from Santa Clara to Saratoga with a single dish of 2-feet diameter .be used which : would have zero visual impact. Mr. Sifferman contended that ~hiie antenna structures might not fall within the City Code, the fact that an array of 10 different antennas mounted on a large structure that was not an antenna structure but..~at~'r a very large platform would. He suggested mounting the -10- ~?.,.~ .,~ ~. MINUTES OF JANUARY 22~ F. UP-261 - Saratoga Cable Television~ Inc. - Continued facility atop a building in the City, such as West Valley College or Paul ~s!son Winery, would provide less visual impact, or use a crank-up telescopic antenna which would also have low visual impact but would make the antennas available for emergency uses. To the latter statement, Mr. Giorgi pointed out that there were no buildings of this sort available in the City of Saratoga that he could use in that there was a 55-foDt height limitation on all structures-Y~iih'i'~ the City. Commission Action Chairman Marshall closed the public hearing on UP-261 at 11:45 p.m., and continued same to the Planning Commission meeting of February 12, 1975. He referred the matter to the SubdivisionsCommittee and Staff for an on-site inspe__ction~.. further review and report, and requested Mr..Giorgi and Mr. Sifferman to submit reports' summing up alternatives which might mitigate this situation. III. BUILDING SITES AND SUBDIVISIONS A. SD-1112 - Alan Chadwick, Pierce Road, Subdivision Approval - 8 Lots; (Expira- tion extended to January 22~ 1975); Continued from October 9~ 1974 The Secretary explained this matter had been continued pending completion of the Saratoga NorthWest Circulation Study. He pointed out that this Study would be presented to the City Council at its meeting of February 5, 1975, and that time would be required for the Council to adequately review the report. Conse- quently, the Secretary suggested this matter be continued to the Commission meet- ing of February 26, 1975, and noted that the applicant had submitted a letter granting an extension to this meeting. Chairman Marshall directed SD-1112 be continued to the Planning Commission meeting of February 26, 1975, and referred same toYthe Subdivision Committee and Staff for further review and report. B. SDR-1154 - Beck Enterprises, Walnut Avenue, Building Site Approval - 3 Lots (Expiration extended to January 22~ 1975); Continued from Jan. 8, 1975 The Secretary reported that the Subdivision Committee and Staff had met with the applicant~s representatives and representatives-of the Santa Clara Valley Water District to discuss the Water District's requirements. He pointed out that the Water District would require extensive improvements along the creek regardless of the extent of the development, and consequently, the applicant was consider- ing applying for a 7-lot subdivision in lieu of the 3-lot subdivisiDn. The Secretary further reported that the applicant had submitted a letter granting an extension of this application to the Commission meeting of February :12, 1975 recommended SDR-1154 be continued to same. Discussion followed on whether the Water District's conditions to the City were binding or advisory. Staff was requested to obtain a determination from the City Council on the City's policy regarding the Water District's conditions, and to report same at the next Commission meeting. Chairman Marshall directed SDR-1154 be continued to the Planning Commission meeting of February 12, 1975, and referred same to the Subdivision Committee and Staff for further review and report. C. SDR-1158 - ~tt Vsros, Pierce Road, Building Site Approval - 1 Lot (Expires February 4~ 1975); Continued from January 8~ 1975 The Secretary stated that a Staff Report had been prepared on this matter which recommended approval. Mr. Voros, applicant, was present and indicated acceptance of the conditions of the Staff Report. Commissioner Belanger moved, seconded by Commissioner Woodward, that the Planning Commission approve application SDR-1158 and tentative map (Exhibit "A") subject to the conditions of the Staff Report dated January 22, 1975. The motion was carried unanimously. -11- MINUTES OF 'JANUARY 22 _1975 D. SDR-1159 - John Carey, Fruitvale Avenue, Building Site Approval - 1 Lot (Expires February 8~ 1975)~ Continued from January 8~ 1975 The Secretary stated that the file was.not complete on this matter, and reported that the applicant had submitted a letter granting an extension of SDR-1159 to February 12, 1975. Chairman ~rshall directed SDR-1159 be continued to the Planning Commission meeting of February 12, 1975, and referred same to the Subdi- vision Committee and Staff for further revi~ and report. E. SDR-1160 - Jerome Gilmore, Austin Way, Building Site Approval - 1 Lot (Expires February 14~ 1975); Continued from January 8~ 1975 The Secretary stated that the file was not complete on this matter, and suggested same be continued to the next meeting. Chairman Marshall directed SDR-1160 be continued to the Planning Commission meeting of February 12, 1975, and referred same to t~e Subdivision Committee and Staff for further review and report. F. SDR-1161 - Margolis, Chatsky and Dunnett, APC, 4th Street and Big Basin wal Building Site Approval - 1 Lot (Expires February 15, ~97~; Continued from January 8~ 1975 The Secretary stated that the file was not complete on this matter, and suggested same be continued to the next meeting. Chairman ~rshall directed SDR-1161 be continued to the Planning Commission meeting of February 12, 1975, and referred same to the Subdivision Committee and Staff for further review and report. G. SDR-1162 - Vincent Cantacessi, Ten Acres Road, Building Site Approval - 1 Lot (Expires February 18~ 1975) The Secretary stated that the file was not complete on this matter, and suggested same be continued to the next meeting. Chairman Marshall directed SDR-1161 be continued to the Planning Commission meeting of February 12, 1975, and referred same to the Subdivision Committee and Staff for further review and report. IV. DESIGN REVIEW A. A-447 - George Day Construction Company, Fruitvale Avenue, Final Design Review, Tract 5408~ Lot #4 Mr. Loewke stated that the Design Review Committee had reviewed this application, and a Staff Report had been prepared which recommended approval. He added that the applicant's representative was aware of and approved the conditions of the Staff Report. Commissioner Woodward moved, seconded by Commissioner Callon, that the' Planning Commission grant design review approval to Application A-447 per Exhibit D and subject to the conditions of the Staff Report dated January 22, 1975. The motion was carried unanimously. B. A-462 - Rividend Industries, Saratoga Avenue and Christie Drive, Final Design Review - 14 Lots; Continued from January 8~ 1975 Mr. Loewke stated that the applicant had submitted a letter granting an exten- sion to February 26, 1975 insomuch as considerations were being given to re- location of several houses. Chairman Marshall directed A-462 be continued to the Planning Commission meeting of February 26, 1975, and referred same to the Design Review Committee and Staff for further review and report. V. E~zlRONMENTAL I}~ACT DETEP~IINATIONS The Secretary reported there were no environmental impact determinations filed between the period of January 9, 1975 and January 22, 1975. VI. MISCELLANEOUS A. SDR-1047 - John McLaughlin, Pierce Road and Via Re~i~a - 2 Lots; Request for One-Year Extension The Secretary stated this was th~ first request for extension, and recommended a one-year extension be granted. -12- ~'= --~-~RNUTES OF JANUARY 22 )75 ' A. SDR-1047 - John McLauShlin - Continued Commissioner Belanger moved, seconded by Commissioner Woodward, that the Planning Commission grant a one-year extension to SDR-1047. The motion was carried u~animously. VII. CO~%~ICATIONS - WRITTEN The follm~ing written correspondence was introduced into the record: A. Memorandum from Parks & Recreation Commission dated January 15, 1975 relative to recommended changes of the 'Subdivision iOrdinance. B. Letter dated January 13, 1975 from Donald K. Norling, 21000 Comer Drive, rela- tive to the 6-month extension granted R.J. Hunter (SDR-1037) by the City Council at its meeting of January 7, 1975. It was noted this letter had been directed to the City Council, with a carbon copy to the Planning Commission. C. Letter dated January 14, 1975 from Dr. Henry Smith, 21029 Bank Mill Lane, relative to C-178, Zone ~7. Staff was directed to place this in File C-178. D. Letter dated January 16, 1975 from D.J. Sifferman, 12400 Greenmeadow Lane, opposing approval of UP-261. Staff was directed to place this in File UP-261. E. Letter dated January 17, 1975 from Helen Ulrich Hall, 20865 Wardell Road, in reply.to Mr. Charles Hunter's letter relative to the Parker Ranch development, as published in the January 15, 1975 coR!_of the SaratoSa News. Staff was directed to place this letter in File C-172. F. Planning Policy Committee of Santa Clara Minutes of November 21, 1974, and Agenda of January 23, 1975. G. Northwest Saratoga Circulation Master Plan Study dated December 17, 1974. H. Letter dated January 20, 1975 from William E. Heiss, representative of Blackwell Homes, requesting extension of C-172 to February 12, 1975. Staff was directed to place this letter in File C-172. I. Letter dated January 20, 1975 from Clifford Beck, Civil & Construction Consul- tants, Inc., ~ranting an extension of SDR-1154 eo February 5, 1975. Staff was directed to place this letter in File SDR-1154. J. Letter dated January 19, 1975 from Sylvia and John Russ, 21121 Canyon View Drive, opposing the zoning change of C-178, Zone 7. Staff was directed to place this in File C-178. K. Letter and petition received January. 22, 1975 from 6 residents residing on Canyon View Drive opposing the zoning change of Zone 7, C-178. Staff was directed to place this in File C-178. L. Letter dated January 22, 1975 from Edward and Lorna C. Panelli opposing the change of zoning of Zone 7, C-178. Staff was directed to place this in File C-178. M. Letter dated April 16, 1974 from Santa Clara Valley Water District relative to Parker Ranch development. It was noted that Mr. Nichols of the Water District requested this letter be brought to the attention of the Commission with the explanation that the Water District's comments had not changed on this matter since April 1974. N. Letter dated January 22, 1975 from Fremont High School District opposing the change of zoning on C-178, Zone ~1. Staff was directed to place this in File C-178. O. Letter dated January 21, 1975 from Judy vance,-'t9363 Athos Place, opposing the rezoning of the Parker Ranch Site. Staff was directed to place this in File C-172. P. Letter and petition received January 22, 1975 from Vicki Vance and 52 other individuals opposing development of the Parker Ranch Site. S[aff was directed to place this in File C-172. -13 - MINUTES OF JANUARY 22. 975 VII. WRITTEN CO~RINICATIONS - Continued Q. Letter dated January 21, 1975 from C~mmissioner Charles Smith, 15270 Norton Road, noting that the JanUary 22, 1975 Commission meeting would be last meetinB he ~would serve as Commissioner. Mr. Smith explained that due to health reasons he ~would be unable to attend this meeting, but added: "I'm sorry, for I wanted to personally thank all of those who worked so conscientiously for the good of o~r .City." He~further added: "The years have taught me that true service can result ~_o~!_y.__wh__e_n_~.~r~_o~al and local aims are not allowed to influence o~r thinking in i deciding what is best for the entire City. I am confident that under the guidance of the present Commissioners, the new Commissioners will continue to serve as effectively as in the past." Chairman Marshall, on behalf of the Commission, proposed a Resolution expressing appreciation be drafted by the next Commission- :meetin~ for__presentation to Mr. Smith. Further, the Commission requested Chairman 7Marshall write a letter to Mr. Smith "expressing our appreciation and good feelings." VII. COMMUNICATIONS - ORAL A. REORGANIZATION Chairman Marshall pointed out that the second meeting of January each year had been set aside for election of a new Chairman, Vi~=e-Chairman and Secretary; further, zthat reorganization of each Committee. Should also take place. (1) ELECTION a. LThe Secretary opened the floor to nominations' for Chairperson. Commissioner Belanger nominated Mr. Marshall for'.Chairperson, and in so doing expressed the Commission's appreciation for the work 'done by him in the past year. Commissioner ~rtin moved, seconded by Commissioner Belange_lr~_that the nominations for Chairperson be closed. The motion was carried unanimously. Commissioner Belanger moved, seconded by Commissioner Martin, that Mr. Marshall be reelected _to position of Chairman of.of the Planning ~Commission. The motion was carried; Commissioner Marshall abstained. '~Chairman ~rshall stated that he felt honored for the reelection, and that he al-so felt an obligation and responsibility for carrying out his duties. He stated that he hoped he would always try t9 the best interest of the total of the City, and at the same time be fair to each individual. He concluded his remakrs by soliciting comments and inpu~ ~from each Commissioner during the course of his term. b. Chairm~n Marshall opened the floor to~nominations for Vi.c~-Chairperson. Commissioner Woodward nominated Commissioner Belanger for~Vice-Chairperso~. Chairman ~rshall moved, seconded by Commissioner Woodward, ~hat the nominations. be closed for Vice-.Chairperson. The motion was carried unanimously. Chairrmn Marshall moved, seconded by Commissioner Woodward, that Commissioner Belanger be elected to the position of ViceSChairperson of the Planning Commission. The motion was carried; Commissioner Belanger abstained. c. ~h~irman ~h~rl opene~"~h~fl~Y to nominations '~ S~cretary. % Chairman }~rshall nominated Marty Van Duyn for Secretary, adding that the nomination was not on the basis of his: being required to be Secre~ .tary but rather on the basis of the good job he had done in ~he past. Commissioner Woodward moved, seconded by Commissioner Martin, that Marty Van Duyn be reelected to the position of Secretary of the Planning Commission. The motion was carried unanimously. -14- MINUTES OF JANUARY 22 [975 VII. ORAL CO~RINICATIONS - Continued (2) Committee Reorganization Chairman Marshall suggested that insomuch as there were two vacancies on the Planning Commission which were yet to be filled by the City Council, Committee reorganization be postponed until these vacancies are filled. He did, however, ask for !comments relative to Committee organization, and- the following comments were made: a. The General Plan Review Committeezshould be treated as a Committee-of- 'the-I~ole meeting to be held four times per ~ear. b. Commissioner Belanger volunteered to representsthe Saratqga Planning__ Commission at the Planning Policy Committeetof Santa Clara Count% zmeetings. Commissioner Woodward volunteered to be alternate,.and Staff was requested to notify PPC of this change. c. Commissioner ~rtin was asked to remain'as Chairperson of the Variance Committee, and he indicated. acceptance of this position. d. Commissioner Belanger was asked to become Chairperson of the Subdivi- sion Committee, and she indicated acceptance of this position. Commissioner Callon and Chairman ~rshall both indicated an interest of serving on this Committee. e. Commissioner Woodward ~as asked to remain ias Cbairpers0n of the Design Review Committee, and she indicated acceptance of this position. f. Commissioner Callon suggested~that Commissioners consider rotating Committee positions on a monthly basis in order ~t every Commissioner be given the opportunity to serve o~'~ach Commi[tee. g. Chairman Marshall suggested.that instead of each Commissioner serving in an observatory capacity at City Council meetings, each Commissioner serve as a representative'and spokesman of the Planning. Commission in order that he may offer assistance via public testimony at Council meetings. Chairman ~rshall requested the Secretary to query the Mayor on changing the role of Commission observer to one of Commission spokesman, and report his determination at the next meeting. B. Commissioner Woodward proposed Staff request allocations for covering fees for the Commissioners to attend.Commission-oriented seminars and meetings. The Secretary reported that he had been investigating the possibility of budgeting such an allocation in next year's budget, and would keep the Commissioners posted on the development of this budget. C. Commissioner Woodward reported that relative to the CC&R's of Tract 4768, Osterlund Enterprises~ had been located,. reviewed and aRproved by the City Attorney as requested at the January 8, 1975 Commission_meeting. D. ~ouncilwoman Corr was present at the Commission meeting of Jsmuary 22, 1975, and Mrs. Maus of the Good Government Group served coffee. VIII. ADJOLrRN}~NT Commissioner Belanger moved, seconded by Commissioner Woodward, that the Planning Commission meeting 6f January 22, 1975 be adjourned. The motion was carried unanimously, and the meeting was adjourned at 1:00 a.m. Respectfully submitted, rty V'i~nDuyn~/ -15-