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HomeMy WebLinkAbout03-28-1966 Planning Commission Minutes SUMMARY OF MINUTES CITY OF SARATOGA PLANNING COMMISSION TIME: Monday, 28 MarCh 1966, 7:30 P..M. PLACE: City Council Chambers, Fruitvale Avenue,· Saratoga, California ..-. TYPE: Regular Meeting ~" I. ROUTINE ORGANIZATION " The meeting was called to order by Chairman Norton at 7:30 P. M. A. ROLL CALL Present: Conunissioners Crisp', Kasner, Kellum~ MeFall, Norton and Absent: Commissioner Johnson. 28 February 196.6. Commissioner McFall moved, seconded by Commissioner O'Rorke, that the reading of the minutes of 28 February 1966 b~ waived and that the minutes be approved as submitted to the Commission; motion carried with Commissioner Kasner abstaining. 14 March 1966 Chairman Norton called attention to a memorandum submitted by the Staff adding 'Medical Village Control" before "Committee" in l'jZne 8, - paragraph 6 of Page 9·(pertaining to C-90 - Country It was moved by Commissioner Kellum and seconded by Commissioner. McFall that the reading of the minutes of 14 March 1966 be waived and that the minutes, as modified by the Staff memorandum referred to above, be approved; motion carried with Commissioner Kasner ii abstaining. Chairman Norton introduced and extended a welcome to newly appointed '. Commissioner Jerry A. Kasner. He observed that Commissioner l~l. sner, a professor of law at the University of Santa Clara, was also a me.m- bet of the bar and a certified public accountant, and that the C~ty was fortunate to have him as a member of the Planning Commission. Chairman Norton announced that Commissioner Johnson 'had agreedi! to serve as Chairman of the General Plan Committee, and that Co~m~is- sioner Kasner would replace Commissioner Johnson on the Variance Com- mittee. He also appointed Commissioner Kasner as a member of the Design Review Committee. II. PUBLIC HEARINGS The Chairman declared public hearings open for the evening at 7:37:.iP. M. Plannin~ Commission Minutes - 28March 1966 - Continued II. A. C-87 - M.V.S.Company, Saratoga Avenue - Request for Change of Zoning ........... from "A" (Agricultural) to '~-M-4,000 P-C" (Multiple Residen- .. tial Planned Connnunity) - Continued from 28 February 1966 Dr. Abrams advised that since it would be a few months before he would be ready to proceed with plans for this project, he felt it would be advisable to withdraw the subject application and refile same at a later date. After a brief discussion, Dr. Abrams formally requested the withj. drawal of C-87, and the request was granted by the Commission. B. C-93 - John B. Jessup, Big Basin Way - Request for Change of Zoning from '~-M-4,000-X" (Multiple Residential) to "R-M-4,000 P-C" (Multiple Residential Planned Co~aa-unity) - Continued from 14 March 1966 The continued hearing on C~93 was re-opened at 7:41 P.M. The Secre- tary advised that the applicant had telephoned to say that he did not wish to have this application continued furtherm but that no written request. for withdrawal had been filed.. The applicant was not present. .{ In view of the foregoing, Conmissioner Kellum moved, seconded by Com- missioner O'Rorke, that the public hearing on C-93 be closed; carried with Commissioner Kasner abstaining. Chairman Norton declared the hearing closed at 7:43 P.. M.. Commissioner Kellum moved, seconded by Commissioner O tRorke, that the Commission recommend to the City Council that C-93, John B. Jessup, be denied without prejudice; motion carried with Comissioner Kasner abstaining. C. ROY M. WESTLY - Request that "Automatic Car Wash with Gasoline Sales,.. be added to the list of Conditional Uses for the Neigh- borhood Commercial (C-N) Zoning District - Continued from 14 March 1966 ",! The informal hearing on this request was resumed at 7:44 P. M. The applicant was present but stated that he had no further comment at this time. In answer to 'an inquiry from Adrien L. Anderson of Craigen Circle, Chairman Norton explained that the proposal was to add "Automatic Car Wash with Gasoline Sales" to the list of Conditional Uses for the "C-N" Zoning District, which would automatically require a Use Permit. '- The Secretary read the report of the Subdivision Committee relative to Mr. Westlyts request, recommending that "Automatic Car Wash (Proposed Retail Sales to be specifically approved by the Planning Commission)" be added as a Conditional Use in the "C-N" Zoning District. The Subdivision Committee directed that the date of the report!~ read by the Secretary be changed to 28 March 1966, and that the date in para- graph 3 of this report be changed to 28 March 1.966. ~!~. Pollowing a thorough discussion of this proposal, Chairman Norton 7:54 P. M.) directed the informal hearing closed ..... -2- Plannin~ Commission Minutes - 28March 1966 --Continued iI. C. Roy M. Westly Commissioner Kellummoved, seconded by Commissioner Crisp, that the Subdivision Committee Report relative to Mr. Westlyts request be approved, as amended, and that "Automatic Car Wash (Proposed Retail Sales to be specifically approved by the Planning Commission)" be added to the list of Conditional Uses for the "C-N" Zoning District; motion carried with Commissioner Kasner abstaining. D. C-95 '- Manuel Lozano, Prospect Avenue - Request for Change of Zoning from '~1-10,000" (Single Family Residential) to."Conditional :' C-N" (Conditional Neighborhood Commercial) -.Continued from 14March 1966 . The continued hearing on C-95 was resumed at 7:55 P. M. Frank Chris, Jr., representing the applicant, advised 1) the sub- ject parcel consists of 2-.1/2 acres 2) plans are to locate the auto parts store on the easu side of the property and the car wash on the west side of the property adjacent to the freeway and 3) Mr. Lozano ' has several such'establishments in operation at the present time. '.~., There was no one else in the audience who wished to comment with regard to this matter. Commissioner Kellum observed that 1) this.parcel was a portion of the property Separated from the residential area of Saratoga by the Lawrence Expressway and 2) a change of zoning from residential to commercial seemed logical since it would provide a more uniform zoning for the separated property. The Secretary read 1) a communication fromMrs. Elsie Patrick of Prospect Avenue filed in opposition to the proposed use of the sub- ject property and 2) the report of the Subdivision Committee rela- tive to this application, recommending Neighborhood Commercial zoning for this property but withholding a recommendation on the proposed use of the property on the basis that a Use Permit should be requested if the change of zoning was approved. During a discussion relative to the proposed use of this property and its compatibility with other uses in the various "C-N'~ Districts of Saratoga, Commissioner Rasher observed that the required.Use Per- mit would be the governing factor. He explained that 1) while the proposed use might not be appropriate for other "C-N" Districts, it seemed acceptable for this one and 2) the requirement.for a Use'Per- mit would give the City complete control of the location of the use. In answer to a question from the Chairman, the applicant confirmed that he understood the recommendation of the Subdivision Committee, i.e.~ that '~-N" zoning had been recommended instead of the riohal C-N".requested and it would be necessary for. him to apply for a Use Permit to establish the proposed use if the City Council granted the change of zoning in accordance with this recommendation. It was moved by Commissioner Crisp and seconded by Commissioner Kellum that the public hearing on C-95 be closed; motion carried with Commissioner Rasher abstaining. Chairman Norton declared the hearing closed at 8:08 P. M. Commissioner McFall moved, seconded by Commissioner Kellum, that the Subdivision Committee Report of 28March-1966 relative to C-95, Manuel Lozano, be approved and transmitted...to the City Council as..the -3- · Plannin~ Commission Minutes - 28March 1966 - Continued I1. D. ..C-95. - Manuel Lozano recommendation of the Commission. Roll call vote: Ayes: Commis- missioners Crisp, Kellum, McFall, Norton and O'Rorke. Noes: None. Absent: Commissioner Johnson. Abstained: Commissioner Kasner. Motion carried. E. UP-9? - Roy M. Westly, Prospect Avenue - Request for Use Permit for Automatic Conveyor System Car Wash with Gasoline Sales - Continued from 14 March 1966 The public hearing on UP-97 was re-opened at 8:09 P. M. The Secre- tary briefly reviewed this application and read a communication from Mrs. Elsie Patrick of Prospect Avenue opposing the granting of matter. · Commissioner Kellum sumnarized the Subdivision Committee Report relative to UP-97, recommending that same be granted subject to cer- tain conditions. After discussion, Commissioner Crisp moved, seconded by Commissioner Kellum, that the public hearing on UP-97 be closed; motion carried with Commissioner Kasner abstaining. Chairman Norton declared the hearing closed at 8:16 P. M. Commissioner Kellum'moved,' seconded by Commissioner Crisp, that the Subdivision Committee Report of 28 March 1966 relative to UP-97, Roy M. Westly, be approved and that the Use Permit.be granted subject to the conditions set forth in said' report; motion carried with Com- missioner Kasner abstaining.. ... F. V-27.1. - Robert Jackson, Canyon View Drive - Request for Variance in connection with Rear Yard Setback Requirements - Continued from 14 March 1966 The public hearing on V-271 was not re-opened at this time since 1) nothing further had been added to the file 2) there was no one present who wished to comment with regard to this matter and 3) the Secretary advised that the applicant had requested continuance~i since he was in the process of revising his plans. . In view of the foregoing, Chairman Norton directed V-271 continued until the meeting on 11 April 1966... i.i~ G. V-272 - Mrs. Adah Nelson, Trinity Avenue - Request for Variance in connection with Lot Depth Requirements - Continued from 14 March 1966 ........ The Secretary read a letter from the applicant requesting that' this application be withdrawn and the filing fee refunded. The Commission granted Mrs. Nelson's request that V-272 be withdrawn,' and Chairman Norton requested that the Secretary' refer the req~uest for refund of the filing fee to the City Council. ,e Plannin~ Commission Minutes - 28March 1966 - Continued II. H.' C-96 - Joseph J. Pon, Verde Vista - Request for Change of Zonil~ from , '.~-1-40,000" (Single Family Residential) to '~-I-40,000~P-D" .(.Single Family Residential Planned Development) The public hearing on C-96 was opened at 8:21 P. M. The Secretary advised that a Notice of Hearing had been published and read 1) the applicant's statement of reason and 2) comnunications filed by Mr. & Mrs. Russell Bate and G. H. Didinger, Jr. of Sarahills Drive opposing the proposed change'of. zoning. The applicant and his engineer were present to discuss this matter with the Commission. The applicant's engineer advised 1) the. appli- cation did not request.an increase in density and 2) the.two pro- .. posed 20,000 square foot lots would be adjacent to lots of 12,500 and 15,000 square feet. Walter Kerl of Boyce Lane opposed the proposed change of zoning and questioned the grading now being done on this property. It was estab-. lished that Mr. Pon had obtained a Grading and Excavation. Permit under SDR-532'for this grading. After further discussion, Chairman Norton (8:31P. M.) directed C-96 continued until the next regular meeting and referred.same to the Subdivision Committee for study and a report. : I, UP-98 - Clyde D. Duffy, Ravenwood Drive - Request for Use Permit for Horse The public hearing on UP-98 was opened at 8:32 P. M. The Secretary advised that Notices of Hearing had been mailed and read a com:nuni- cation filed by Alfred J.. George of Allendale Avenue in supporl= of the subject application. The applicant was present but stated that he had no comment at'this After a brief'discussion, Chairman Norton (8:34 P. M.) directed UP-98 continued until the meeting on 11 April 1966 and referred same to the Subdivision Committee for study and a report. J. UP-99 - Finnegan Construction Company, Inc., Jaccaranda Court - Request for Use Permit for MOdel Home Sales Office The public hearing on UP-99' was opened at 8:35 P. M. The Secretary advised that Notices of Hearing had been mailed and there were no written communications on file. He then briefly reviewed this request. Firs. Leo Huard of Via Escuela Drive observed that there had been an error in the Notice of Hearing, i.e., theMOdel Home Sales Officewas proposed for Lot 230 instead of Lot 234. After a brief discussion, Chairman Norton directed that a corrected Notice of Hearing be mailed prior to the next regular meeting. In answer to a question from the Chairman, the Secretary confirmed "' that it was his understanding that the applicant also planned to utilize this model home as an administrative office for his firm. In view of the foregoing, Chairman Norton (at 8:38 P. M.) directed UP-99 continued until the next regular meeting. and referred. same to the Subdivision Committee for study and a report. -5- PlanninM Commission Minutes - 28March 1966 - Continued II. K.' UP-100 - Saratoga Youth Center, Inc., Fruitvale Avenue - Request for Use Permit for Youth Center Buildinn on Civic Center ;Site The public hearing on UP-100 was opened at 8:39 P. M. The Secretary advised that Notices of Hearing had been mailed and there were no written communications on file. Warren Held, architect, was present to discuss this request with the Commission. He advised 1) the proposed building would be for 'general use by the youth of Saratoga 2) the building would in,clude a game room, snack shop, etc. 3) the location seemed particularly appropriate since it was near a school yet removed from the re~siden- tial area 4) the.City Council had indicated willingness to cooperate and 5) they would· like the Commission's comments before preparing estimates. There was no one-else present who wished to speak with regard to this matter. 2. Chairman Norton, at 8:45 P. M., directed UP-100 continued until the meeting on 11 April 1966 and.referred same.to the Subdivision Co~mit~ tee for study and a report. L. UP-101 - R. Fredrik Nylander, Baranga Lane - Request for Use Permit for Horse The public hearing on UP-101 was opened at 8:46 P. M. The Secretary ~ advised that Notices of Hearing had been mailed and read a communi- cation filed in support of this application by Mr. and Mrs. Robertshaw .-. of Three Oaks Way. ... The applicant was present but' stated that he had no further coimment at this time. !' There was no one else present who wished to speak with regard 'to this matter. At 8:48 P. M., Chairman Norton directed UP-101 continued until the meeting on 1i April 1966 and referred same to the Subdivision Commit- tee for study and a report. M. V-273 - Michael E. Purcell, Pierce Road - Request for Variance in con-' nection with Side Yard Setback Requirements The public hearing on V-273 was opened at 8:49 P.M. The Secretary advised that Notices of Hearing had been mailed and there were no written communications on file. The applicant discussed this request with the Commission and presented an aerial photograph of his·site together with a picture of the walnut tree he is endeavoring to preserve. There was no one else present Who wished to comment with regard to this application. After a brief discussion, Chairman Norton (8:53 P. M.) directed V-273 continued until the next regular meeting and.referred.same to the Variance Committee for study and a report. The Chairman declared public hearings closed for the evening at 8:55 P. M. -6- ~lannin~ Commission Hinutes - 28March 1966 - Continued i~CESS AND P,~-CONV~-N~ III.' SUBDIVISIONS AND BUILDING SITES A. SD-592'- Western Hills Investment Company, Pierce Road - Subd~rision - 26 Lots - Continued from 14March 1966. ~ After reviewing theproposed conditions of approval, Bob McDem~ott, engineer, advised 1) the applicant wished to protest. Conditions 5 and 6 pertaining to the access road and the Calabazas Creek bridge .-- 2) it was not a matter of doubting the necessity for the second ac- cess but of challenging the fairness of imposing these conditions on ....... " one property and 3) the applicant felt that other property owners ..who would benefit from these improvements should participate in the cost of same. Chairman Norton observed that.two other property owners had already been conditioned to participate'on a pro-rata basis in the cos= of these improvements and that anyone else developing property along this access road within the next ten years would be required to share ' in the cost. He further observed that the Commission had requested . that the applicant submit a letter accepting these two conditions and if he was unwilling to do so, perhaps the Connnission would like to give the matter further consideration. : " After discussion, the Subdivision Committee reco~ended that SD-592. be continued until the meeting on 11 April 1966 and referred back t0 the Subdivision Committee for further study. Chairman Norton so directed. B. SDR-616 - P. G. & E., Cox Lane - Building Site Approval - 1 Lot - Continued from 14'March 1966 Mr. Huston, representing P. G. & E., 1) expressed satisfaction with the proposed conditions of approval and 2) advised that while there was a question of time, this matter could be discussed with the.=.City Council. Commissioner Kellummoved, seconded by Co~nissioner Crisp, that the Building Site Comittee'Report of 28 March 1966 relative to SDR-616, P. G. & E., be adopted and that the tentative map (Exhibit '~", filed 18 February 1966) be approved subject to the conditions set forth in said report;'~motion carried with Commissioner Kasner abstaining. 8. SDR-617 - Sacred Heart Church, Saratoga Avenue - Building Site Appro- val - 1 Lot - Continued from 14March 1966 There was no one present to represent the applicant, but the Secre- tary advised that the applicant had reviewed the proposed conditions of approval and had expressed satisfaction with same. Commissioner Kellummoved, seconded by Commissioner Crisp, that the Building Site Committee Report of 28 March 1966 relative to SDR-617~ Sacred Heart Church,. be adopted and that the tentative map (Exhibit '~", filed 25 February 1966) be approved subject to the conditions set forth in said.report; motion carried with CommissionerKasner abstaining. "' -7- Plannin~ Commission Minutes - 28 March 1966 - Continued D. SDR-621 - Mrs. Adah Nelson, Trinity Avenue - Building Site Approvai - 1 Lot - Continued from 14March 1966 . The applicant was present and after a brief discussion, expressed satisfaction with the proposed conditions of approval. Commissioner Kellum moved, seconded by Commissioner McFall, that the Building Site Committee Report of 28March 1966 relative to SDR-621, Mrs. Adah Nelson, be adopted and that the tentative map (Exhibit "A"~ filed 4March 1966) be approved subject to the conditions contained in said report; motion carried unanimously with Commissioner Kasner abstaining. 'E.. SD-622 - Jgseph J. Pon~ Verde· Vista - Subdivision - 10 Lots .~. The Subdivision Committee advised that it was not prepared· to make a recommendation in connection with this application since no action had yet been taken on Ehe application for change of soning on this property. In view of the foregoing, Chairman Norton directed SD=622 continued until the next regular meeting. F. SDR-623 - Richard G. Eastman, Allendale Avenue - Building Site Appro- val - 1 Lot The applicant was not present. Commissioner Kellummoved, seconded by Commissioner McFa11, that the Building Site Committee. Report of 28March 1966 relative to SDR-623, Richard· G. Eastman, be adopted and that the tentative map (Exhibit "A"s filed 18March 1966) be approved subject to the condition set forth in said report; motion carried unanimously. G. SDR-624 - Leroy Hiatt, Saratoga-Los Gatos Road - Building Site Approval - 1 Lot Commissioner Kellum advised that there was a question relative to the access to this property and the Committee was endeavoring to get the State Highway Department to set forth its requirements with regard to same. "' Fir. Hiatt was present and observed that this access had previously been ... approved by both the State Highway Engineer and the City Engineer. After discussion, Chairman Norton directed SDR-624 continued until the next regular meeting to allow adequate time to work out this problem. H. SDR-625 - Mission Trail Builders, E1Camino Grande - Building Site Approval - 2 Lots CommisSioner Kellum recommended that this matter be continued until the next regular meeting to allow adequate time for the applicant to try to work out a problem in connection with lot width. Chairman Norton so directed. 1. SD-6.26 - Peter S. Pavlos~ Chester Avenue - Subdivision - 9'Lots The applicantis engineer 0~r. Mastin) expressed satisfaction with the proposed conditions of approval. -8- PlanniDg Co~m{ssion Minutes - 28March 1966 - Continued III. I. SD-626 - Peter S. Pavlos Commissioner Kellummoved, seconded by Commissioner McFall, that the' Subdivision Committee Report of 28 March 1966 relative to SD-626, Peter S. Pavlos, be adopted and that the tentative map (Exhibit "A", filed 18March 1966) be approved subject to the conditions set forth in said report; motion carried unanimously. J. SDR-598 - Joe Neville, Pierce Road - 3 Lots - Revised Tentative MaR Mr. Neville was present and expressed satisfaction with the proposed conditions of approval. .~. Commissioner Kellum moved, seconded by Commissioner McFa11, Building Site. Comittee Report of 28March 1966 relative to SDR-598, Joe N. Neville, be adopted and that the revised tentative map (ExhibiE "A-I", filed 18 March 1966) be approved subject =o the con- ditions set forth in said report; motion carried unanimously. 1V. DESIGN REVIEW A. A-21~.- Jack Purcell, Saratoga-'Sunnyvale Road - Final Design Review - Sign - Continued from 14March 1966 Commissioner O~Rorke advised 1) the Committee had met with the appli- cant and Mr. Neale 2) in'reviewing the file it was found that the existing ordinance covering this property permits only one sign 3) the limitation of one sign was imposed when the property was restricted to only one business operation and 4) it was possible that the limitation of one sign was over-looked at the.time the other uses were added under this ordinance.' The Secretary observed that he felt this situation could be resolved by referring this matter to the City Council. Com~ssioner O~Rorke further advised that Mr. Neale had concurred that any future signs proposed for this building (if the ordinance was amended to permit same) would be of the same type with the same let- tering. With reference to the total'sign area allowed for this buil- ding, Commissioner O~Rorke observed 1) the front elevation of the building reviewed and approved by the Commission was 112 feet which would permit 56 .square feet of sign area and 2) while only about two- thirds (approximately 60 feet) of the building had been built at 'this time, it was sufficient .to permit the 21 square foot sign proposed under the subject application. After further discussion, Commissioner O~Rorkemoved, seconded by Com- missioner McFall, that final design approval be granted A-211, Jack Purcell, as shown on Exhibit "A"; motion carried with Commissioner Kas- net abstaining. At the suggestion of Commissioner 1) the Secretary write a letter to Mr. Neale explaining the present limitation on signs and 2) this limitation be brought to the attention of the City Administrator. and the City Council. B. A-207 - John Lyngso, Saratoga-Sunnyvale Road - Final Design Review - Nursery Commissioner O~Rorke advised 1) the Committee had reviewed the plans and found the building acceptable as proposed 2) the applicant pro- posed to construct the building in two phases and 3) with reference to landscaping, the Committee felt that screening should be provided along the northerly property line. -9- Plannin~ Commission Minutes - 28 March 1966 - Continued IV. B. A-207 - Jo.hn Lyn~so Warren Held, present to represent the applicant, advised that Lyn~so had planned to install a wooden fence, possibly with a sloped shake top, along the northerly property line, and that ~:on- sideration had been given to planting vines along the fence. After discussion, Commissioner O'Rorke moved, seconded by Comn~Ls- sioner McFall, that A-207, John Lyngso, be granted final design approval as shown on Exhibit "B", subject to the condition that appropriate fencing or screening, as approved by the Design Review .. Committee, be provided along the northerly property line (Southern Pacific right-of-way); motion carried unanimously. Chairman Norton acknowledged, with pleasure, the presence of CounCilmansDrake, Mesdames Owens and Wilberding and Mr. Suhr of the Good Government Group, Mrs. Ottenberg of the League of Women V~terS, and Mrs. Walker, wife of the Planning Director. V. CITY COUNCIL REPORT Commissioner McFali gave a brief report on the Council meeting of 16 March 1966 with emphasis on items of particular interest to the Commission... VI. NEW BUSINESS 'A. Corridor Lots Commissioner Crisp observed that the Ordinance made no provision for the requirement that corridors be improved, 'and suggested that con- sideration be given to this possibility. The Secretary suggested that consideration also be given to estab- lishing a definitio~ to determine at what point a corridor ends.· B. Street Liflhtin~ Commissioner Crisp raised a question relative to the possibility?of requiring subdivisions of 10 lots or more to provide gas lights. He observed that gas lights would provide a subdued light that would not destroy the.rural atmosphere. Chairman Norton stated that while he hesitated to indicate a desire for any type of street lighting, he felt that gas lights on small.posts would net be objectionable and might be of benefit on some of the darker streets. After discussion, it was agreed that the Subdivision Committee would discuss this possibility with the City Council. VII. OLD BUSINESS 8D-478 - Claude T. Lindsay, Cox Avenue - Request for Extension"-. Continued from 14March 1966 Commissioner Kellum advised that the Subdivision Committee had reviewed this request for extension and felt that same was warranted. Commissioner Kellummoved, seconded by Commissioner McFall, that an exten- sion of one year from the present date of expiration be granted in connec- tion with SD-478, Claude T. Lindsay; motion. carried with Commissioner Kas- net abstaining. Plannin~ Commission Minutes - 28March 1966 - Continued VIII., COMMUNICATIONS A, ~RITEEN B, ORAL A~enda~ Chairman Norton observed that the agendas had become quite lengthy, .. partially because of applications that were repeatedly continued from one meeting to another. He suggested the possibility of ~1) removing an item from the agenda after two meetings with no ac~ion 2) requiring that the applicant give notice to return the items'to the agenda when he was ready to proceed and 3) denying the appli- cation afte='a specified period with no action. After a brief discussion, the Connnission agreed to give further thought to a possible solution to this problem,· IX, ADJODINMENT "- Chairman Norton declared the meeting adjourned at 10:31 P. ' Res ctfully submitted, ~ Stanley M. Walkers Secretary Saratoga..Planning Commission v -11-