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HomeMy WebLinkAbout08-13-1973 Planning Commission Minutes MINUTES CITY OF SARATOGA .PLANNING COMMISSION TIME: Mond~ay,_ August 13, 1973 PLACE: Saratoga City Counc{1 Chambers, 13777' Fruitvale Avenue, Saratoga, California 95070 TYPE: Regular Meeting I. ROUTINE ORGANIZATION A. ROLL CALL Present: Commissioners Belanger, Lively, Marshall, Martin, Matteoni, Smith, and Woodward Absent: None B. MINUTES Commissioner Smith moved, seconded by Commissioner Martin, that the reading of the minutes of the July 23, 1973 meeting beZwaived and that they be approved as distri- buted to the Commission with the following changes:...page 8...paragraph 7... to be added at the end of the last sentence..."road, and destroy current planning policy." page 9. .paragraph 2. . change words "about 30" to read y o., · · llman .page 9...paragraph 7...line 4...strike the word "what"...page 10 .... paragraph 5... ~ strike entire last sentence...page 9...paragraph~'5... last sentence should read "Further study should be conducted of the entire northwest area of the City, with aid of the Staff; after this study the existing policy and =equirements regarding cul-de-sacing will be reconsidered; motion carried unanimously...page 7 ....... last paragraph should read "Commissioner Belanger stated the Westbrook Homeowners expressed concern that the two (RI largest parcels could be 'subdivided."; motion carried with Commissioner Lively abstaining. C. CITY COUNCIL REPORT Commissioner Martin noted the following items discussed at the City Council meeting of'August 1, 1973 as being of significant interest to the Planning Commission: 1) Acceptance of the base bid of $55,600 from Palo Alto Landscaping for primary work on E1 Quito Park. All bids for Gardiner Park and Kevin Moran lighting were rejected and staff authorized to re-advertise for bids. 2) Petition by residents on La Paloma Avenue regarding use of residence at 20247 La Paloma Avenue for thezpurpose of operating an automobile towing- service - the Council agreed that if within five (5) days it is found that business is still operating in this location, City Attorney be authorized to take action. 3) Request by several residents on Miller Avenue for four-way stop inter- section at Miller andNorthampton and traffic circles at Brookview and Miller, Somerville and Miller,.and Brockton and Miller, and Northampton and Miller -~7'~h'e Council decided they should waith until there was a report on bike paths so it was.continued until their next regular meeting. 4) City Council appr0ved the building site for Charles Behnke, Chaiko Kime, Dr. Julian Henry, and Robert Dale. the request-for reconsideration of conditions for John Kirkpatrick was continued. 5) The Council approved the final map for C & I Development for 11 lots on Saratoga Avenue. ~.6) Westbrook Annexation.~'."on Prospect Road was appr0ved as we recommended to the Council. 7) The Change of Zoning for Osterl.und Enterprises on Fruitvale and Allendale Avenues was continued to their next regular meeting. -i- "Plaanin~ Connnission Minutes - 1973 - Continued 8) R~sidents are still protesting'the Lyngso Garden Materials operation. That had been sent to a citizens committee and it appears thay have not reached a solution. The City Attorney stated if he were to make a recommendation, it would be to allow the use to continue on a conditional basis, he felt the City would probably be in a better position to control the situation on this basis than it is now. II. PUBLIC HEARINGS A. Proposed Amendment to Zoning Ordinance NS-3, Article 3 - Regulations for Hillside Com- bining Zoning Districts The hearing was opened at 7:45 P.M. The Secretary explained the Staff was still unable to report any progress with the City Attorney on this and we ask that this matter be put over until August 27, 1973. No one in the audience wished to comment relative to this matter. Chairman Lively directed the proposed Amendment to the Zoning Ordinance continued to the next regular meeting. Bo C-170 - Ben R. Shippen, Allendale Avenue - Request for Change of Zoning from "R-i-40,000" (Single-Family Residential) to "R-l-10,000" (Single-Family Residential) - Continued from J.uly 23~ 1973 The hearing was re-opened at 7:46 P.M.. The Secretary explained the Staff's verbal report with maps showing what was dis- covered about the property and adjacent properties that might affect any possible Change of Zoning and potential lots. The Staff recommended some higher zoning than what the applicant proposes should be imposed on this property and if the Shippen property is rezoned, the rest Of the related properties should be rezoned to make it consistent with the General Plan. Commissioner Marshall asked what the General Plan calls for on these properties. The Secretary answered that the General Plan now designates the area including the applicant's property from Quito Road ail along that strip between Allendale Avenue and Ravenwood Drive as one-third (1/3) or one-quarter (¼) acre lot-density. The zoning right now is "R-1-40,000" for all those properties. Commissioner Smith asked if we don't change the zoning, do we have to revise the General Plan to make it compatible this year. The Secretary answered yes. Chairman Lively stated this is a subject for the General Plan Review. Commissioner Marshall stated the question came up because it was generally agreed that just changing the Shippen property doesn't make sense but that whole dog-leg area turned out to be one of those areas where the General Plan and zoning are not consistent, therefore, we can stay with one-acre zoning or change the General Plan. Chairman Lively stated we are intentionally adding to the traffic problem by adding .possibly 7 or 8 more lots. Commissioner Smith stated we are/unanimous in the feeling that the Shippen property by itself should not be rezoned,~if there is a rezoning it should be that whole tongue. Mrs. Jean Laufman of 18591 Ravenwood Drive stated that there are twelve (12) houses between her house and the house on the corner. I would like to know what the Com- mission's feelings are on how they would like to see that area. Chairman Lively answered the Commission wants to see that area rezoned as a single parcel. We should study it as a whole area from Quito Road to the creek to make a more even situation available to all the property owners in that area rather than just fezone this one parcel to "R-1-10,000". -2- Pla~hin~ Commission Minutes - .~1973 ~'Continued " Mrs. Jean Laufman asked does that mean all those that own an acre lot could subdivide.' Chairman Lively answered there would be that possibility, if they could get access to the rear portions of their lots. Mrs. Ladfman stated-that she heard there was a proposal for a bridle path along the creek. The ~-acre lots stop on her side of Ravenwood and she would not like to see a'bridle path go in there. She realizes they are interested in having a bridle path, but she is interested in having the creek and natural setting around it remain the way it is. Mr. Roger Durst, Architect, spoke on behalf of Ben Shippen. It was their feeling that a down-zoning was compatible with the general character of the homes in that area, there's no quarrel on the zoning. Mr. Gordon Martin of 18560 Allendale Avenue stated he owns the property adjacent to property in question. He objected to any change of zoning because he moved into this area for open space. He objected to seeing this open -space taken away. The Secretary stated Mr. Martin's property is a legal non-conforming lot but if the zoning was changed to "R-1-12,500" he would be able to subdivide. 'Chairman Lively asked if there is a problem in holding this until we have completed the General Plan Review. The Secretary answered that there is no problem as far as the City is concerned° Chairman Lively stated the matter would be continued until the Planning Commission's meeting of November 26, 1973 which would be, based on our current schedule, the first Public Hearing of our 1973 General Plan Review and in addition we would refer this matter together with the whole area to the General Plan subcommittee for their study and report at that time. We will continue to study the matter in a series of meetings and anyone who wishes to attend those meetings may do so. We will have at least two (2) Public Hearings on the General Plan itself. Mr. Durst stated if he understood completely, we can go on our own or join with the City and their concern for the whole district° Chairman Lively stated that the proposal then is to postpone this matter until further action on November 26, 1973 together with the area study. The Hearing was closed at 8:18 PoM. The matter was referred to the General Plan subcommittee for review and report. III.' BUILDING SITES AND SUBDIVISIONS A. SDR-1054 - Roy Anderson, S~ratoga Avenue - Building Site Approval - 2 Lots - Continued from J.uly 2~ 3973 ~. ... The Secretary indicated that this item was not ready but that the applicant was present to ask for comments. The problem is the amount of Flood Control take that is recommended by Flood Control and that would effect seriously one of Mr. Anderson's proposed lots. Flood Control has been considering Mr. Anderson's letter and they will respond, they said, by August 27, 1973. Mr. Anderson asked if there were any other problems besides the one concerning Flood Control. Chairman Lively suggested Mr. Anderson get together with Mr. Walker during business hours and review the proposed conditions. Mr. Anderson said in regards to the flood plain matter that he had met with the Sub- division Committee and explained to them the position that had been taken by Flood Control informally in a verbal statement made to him by Mr. Gene Sullivan of Flood Control. Mr. Sullivan told him the Flood Control District up until then and still takes the position that their flood plain definition is merely in conformance to a request from the City of Saratoga in a letter which Mr. Sullivan quoted as referring a desire on the part of the City to maintain that reach of Wildcat Creek in a natural setting. -3- · . Plahn/n~ Commission Minutes - 1973 -. Continued Mr. Anderson further stated he had a meeting with the directors of the school district and discussed the matter of a cut on their side of the stream. Chairman Lively asked if the letter hast a date on it. Mr. AnderSon answered March 26, 1969 and he would appreciate a copy of that. Chairman Lively stated it would be a problem for us to modify the letter. Mr. Anderson stated he was not suggesting the Planning Commission modify the letter, it was his thought that even though Flood Control is distorting the Commission's intent, the letter still serves a useful purpose. However, he felt that it would be unreasonable in view of these facts for. the City to turn around and adhere rigidly to the judgement of Flood Control. Chairman Lively stated it was his 'though the Commission agreed that the letter should stand and we are then waiting on an appeal to Flood Control. Mr. AndersOn asked the Secretary for his conditions. The Secretary informed him the Staff could meet with him this week and discuss the conditions. Chairman Lively directed SDR-1054 be coneinued to the next regular meeting. B. SD-1055 - Roberts Communities, Inc., Saratoga Avenue & Dagmar Drive - Subdivision Approyal - 42 Lots - Continue~from July23, .1973 The. Secretary reported in reviewing the latest map, it was found there are 3 or 4 minor discrepencies as to the ordinance. requirements. In addition, there was another request by letter from a committee of the Parks and Recreation Commission which re- quested the Planning Commission delay final approval of this subdivision until the Parks and Recreation Commission could meet as a whole and make a recommendation (they are considering this property as a possible park site). Commissioner Marshall asked if the property was on the list of high-priority parks. The Secretary answered that it is now shown as a park on the General Plan. Mr. Dick Cecchi, the applicant, was opposed to continuing this because of. the time element. Chairman Lively asked the Secretary if the conditions in our Staff Report are going to prevent back-filling against the fences of existing homes. The Secretary answered that those are the existing contours shown on the map and they would have to submit a detailed gradingZplan of that property. Mr. Cecchi explained that the drainage would be tO the east in this case and gave a summary of the contours of the lots. Chairman Lively stated he would like to; see the map corrected when the Commission approves it. He would also like to see. if the Staff could come up with better wording than "prevent this back-filling against the fences" that'~'~weLcould use'~in"'all~f~u~ cases~ Commissioner Marshall commented 'that iti was discussed in the Subdivision Committee that because of the large amount of public right-of-way easement the developer,~should be required to s~i~I~te in the deeds to the lots that no variances would be allowed for additional structures and pools. Chairman Lively stated we have a request from the Parks and Recreation Commission, a map that needs corrections, and a Staff. Report that needs strengthening. He therefore directed SD-1055 continued to the next regular meeting. -4- ~ Pla~nin~ Commission Minutes'- " 1973 - Continued C, SDR-1063 - Ron~r..Shoemake, Bonnie Brae Lane - Building Site Approval - 1 Lot - Continued from J~l7 23.~ 1973 Chairman Lively asked Mr. Shoemake's representative if he was familiar with the con- ditions of the Staff Report and if so, if they were satisfactory to him. Mr. Shoemake's representative expressed satisfaction with same. After further discussion, Commission Smith moved that the Staff Report dated August 13, 1973 on SDR-1063 - Ron Shoemake, Bonnie' Brae Lane - 1 Lot, be accepted and that the tentative map "A-i" filed August 13, 1973 be approved subject to General Conditions I and Specific Conditions II, A-L of the report. Commissioner Marshall seconded the motion - motion carried unanimously. D. SRR-1064 - C.J. Hinderman~ Victor Place'- Buildin~ Site Approval - 1 Lot Chairman Lively asked Mr. Hinderman if the conditions were satisfactory to him. After discussion on drainage problems, the applicant agreed to the conditions. Commissioner Smith moved that the Staff Report dated August 13,· 1973 on SDR-1064 - C.J. Hinderman, Victor Place - 1 Lot, be accepted and that the Exhibit "A" filed July 20, 1973 be approved subject to ~the General Conditions I and Specific Conditions II, A-M of the report. Seconded by Commissioner Marshall - carried unanimously. E. SDR-1065 - George Kocher & Samuel Tyler:, Big Basin Way & 5th Street - Building Site Approval - 1 Lot The Secretary stated the applicants were familiar with the'conditions. In fact they have a written request for reconsideration on Item II-I pertaining to the storm drain- age work required and they would like to make that request for reconsideration at this time. Chairman Lively commented in order to expedite this request, the Commission will have to affirm the Staff Report. Commissioner Belanger questioned the site plan.in general. In approving this, are · we therefore approving the site coverage as it is shown here'i'or only the use. The Secretary answered that coverage is not approved here since it would be covered under Design Review for the building. Chairman Lively asked if they are proposing to build the structures as shown on this map? ; Mr. Kocher answered yes, there are three (3) buildings. The Secretary suggested in order to cover the situation, it would be best if the Commission put in a condition about coverage and landscaping being determined under Design Review. Chairman Lively directed that the condi~ion"'Coverage, location of buildings and land- scaping shall be subject to Design Review" be added to the list of conditions. Commissioner Smith moved that the Staff:Report dated August 13, 1973 on SDR-1065 - George Kocher & Samuel Tyler, Big Basin!Way & 5th Street - 1 Lot, be accepted and that the tentative map, Exhibit-"A", filed July 25, 1973 be approved subject to General Conditions I and Specific Conditions II, A-N of the report. Commissioner Martin seconded - motion carried unanimously. Commissioner Smith moved for denial of the request for reconsideration of Condition I and recommended to the City Council as the action of the Commission. Commissioner Marshall seconded - motion carried unanimously. -5- '~ Plannin= Commission Minutes - 1973 -~ Continued F. SDR-994 - Jonathan Roeloffs, Woodbank Way - Building. Site ~pproval - 1 Lot Commissioner Smith stated that-this was previously approved. Commissioner Marshall s~ated it's nothing but a renewal of what was approved before. Mr. Roeloffs asked if it was possible to get Condition A changed to the south side of Parcel B so his entrance might be located at the south-east corner. He stated he would like to have an option there. Chairman Lively asked Mr. Roeloffs if he was planning on artunderground line for utilities to his house. Mr. Roeloffs answered he had no plans right now, he didn't know how much it would cost. Chairman Lively made the suggestion that his house be put on underground utilities also. Commissioner Smith moved that Building Site Committee Report~dated August 13, 1973 - SDR-994 - Jonathan Roeloffs, Woodbank way - 1 Lot, be accepted and the tentative map Exhibit "A-i", filed July 31, 1973 be approved subject to General Conditions I and Specific Conditions II, A-N of the report. Commissioner Marshall seconded - motion carried with Chairman Lively abstaining. IV. DESIGN REVIEW A. A-401 - Julian P. Henry, Quito Road - Final Design Review - Remodeling Residence to a Commercial Buil~in~ The Secretary informed the Commission that the applicant has been through site approval previously for this development. The Planning Commission passed his Building Site Ap- proval and it has been to the Ci[y Council already. He has paid the fees and met dedications, the question was whether we should require him to improve Quito Road in the freeway right-6f-way and he requested reconsideration of that. Commissioner Belanger had a question about the trim to which Dr. Henry replied the trim will be going on all corners all the way around the entire building. Commissioner Belanger moved that the Staff Report dated August 13, 1973 for A-401 - Dr. Julian Henry, Quito Road - Remodeling ResidenCe to a Commercial Building be ac- cepted as corrected. Seconded by Commissioner Woodward - motion carried unanimously. B. A-391 - George W. Day, Construction Co., Okanogan Drive - Final Design Review - Single-Family Residence (Lot #12 - Tract #5327) There was a discussion on the use of stucco and s~ding on the proposed home. Chairman Lively directed the report be modified to require horizontal wood siding on first floor front and sides and all sides of'the second floor. Commissioner'Belanger moved the approval of the Staff Report dated August 13, 1973 as corrected on Lot #12 (Tract #5327) - A-391 - George W. Day Construction Co., Okanogan Drive and Final Design Review be granted subject to the conditions of the report. Commissioner Martin seconded - motion carried unanimously. RECESS AND RECONVENE V. ENVIRONMENTAL IMPACT REPORTS A. R~ort on McManus Use Permit in Sphere of Influence (Sanborn Road) The Secretary reported that the Use Permit was applied for and the Planning Commission and City Council of Saratoga conveyed to the. County Planning Commission opposition to granting of the Use Permit for .a 75-student school on the McManus property. Also, the County Planning Commission or its Land Development Committee had made a negative deCla- ration on the need for an Environmental Impace Report and Saratoga appealed that de- cision and the Board of Supervisors granted the appeal. = ~lannin~Commission Minutes -~ -.Continued VI. MISCELLANEOUS ITEMS A. Clyde Duffy, Ravenwood Drive - Request to Add Property to EQuestrian Zone The Secretary stated that Duffy has an acre lot and it is adjacent to the Equestrian Zone and would, by the addition of that. t~'~the Equestrian Zone, partially straighten out that boundary. However, the Zoning Ordinance in changing Equestrian Zones requires a Change of Zoning procedure/~d it is recommended that the change be m~'d~'~'~6h~h~"C~y initiating the rezoning. Chairman Lively suggested why don't we fill in the entire corner. The Secretary stated that would be a reasonable possibility. There was some question raised as to the propriety of having the City initiate the Change of Zoning on this. Commissioner Marshall asked if it was nit true that the total benefit would be to the owner in terms of being' able to'keep one more horse? The Secretary answered yes. Chairman Lively stated the Commission would leave it up to Mr. Duffy to apply for a Change of Zoning. The Secretary explained to Mr. Duffy th&re would be an approximate fee of $250.00 to apply for a Change of Zoning and it has to go to the Planning Commission for a formal hearing and then to the City Council for the same type of hearing and then the zoning is changes, assuming that it is all approved. Chairman Lively 'suggeSted it would be good to include Mr. Duffy's neighbor ~n this change as a joint proposal. Mr. Duffy stated that he already asked his neighbor and he has no desire to do soo The Secretary suggested Mr. Duffy could go ahead and apply and then ask the City Council to waive all of the fees or part of them. Chairman Lively stated the next move isZfor Mr. Duffy to get together with the Secretary and make his application for such change. Discussion on the matter was then closed. B. Program and Time Schedule for Traffic Circulation Study The Secretary stated that the City Council in July asked the Planning Commission to study the traffic circulation for the Northwest area of the City, in particular the Arroyo de Arguello, Via Roncole, Wardell Road traffic patterns. The Planning Commis- sion after that referral asked us to come back on this date and propose a time frame £or that study. The time frame proposed was 45 to 60 days to come back to the Planning Commission with a report then 30 days for the Planning Commission to review it and approximately 15 days to revise and prepare the final report and recommendation to the City Council. Chairman Lively asked if we could by tomorrow night put that together with the General Plan Review time table we have, and see how it fits. The Secretary answered yes, that could be done. The Chairman so directed. C. SDR-1047 - John P. McLaughlin, Pierce Road & Via Regina - Request for Reconsideration of Conditions The Secretary reported this is a request within the 30 days from time of tentative map approval and asks that the access road be allowed to be narrowed. Chairman Lively stated we should refer this to the Building Site and Subdivision Com- mittee and Staff for a report at our next regular meeting. Mrs. McLaughlin asked if it would make any difference if the Planning Commission had the letter Mr. Smith suggested that she ~get from Mr. Evans about the tree removal. The Secretary answered it would be important to have that letter. Chairman Lively stated we are not going zto get this resolved tonight and therefore directed the matter continued to the next regular meeting. -7- Planning Commission Minutes - ~73 - Continued · D. SDR-991 - Richard Rutowski, Sobey Road - Request for Reconsideration of Conditions The Secretary stated we would again ask the Commission to refer this to the Committee and Staff for a report. It pertains to a policy matter as far as improvements on Sobey Road. Chairman Lively referred the matter to the Staff and the Building Site and Subdivision Committee for a report. E. Staff Re~ort on Ratios for Off-Street Parking· Districts The Secretary presented a brief analysis of the properties located behind the buildings along Big Basin Way on the creek side between the new Mobil Gas Station and the Third Street area. The Secretary showed a map with the report and stated there are 266 parking spaces that could be considered:here that might be developed and that a one (1) space per 300 square feet of floor area'would be a reasonable ratio to allow for a com- bined parking assessment district. Commissioner Smith asked what the· present ratio on the parking district is. The Secretary answered approximately one (1) space per 475 square feet. The ordinance though, requires one (1) to 200 on an individual basis for retail stores. In a parking assessment district where the uses vary and are some of these typical types of uses here, the necessary spaces differ depending on the actual use. Commissioner Marshall asked if you have a mixed bag of uses, wouldn't you be able to get by with fewer parking spaces because you are less restrictive? The Secretary answered yes, that would ~e one of the benefits of a parking assessment district. ~ Commissioner Smith asked if this assumes tearing down all the buildings. The Secretary answered no, that could happen, but it assumes what is existing plus some expansion. Commissioner Martin asked the Secretary' if he was saying this future development is in addition to the present development?. The Secretary answered yes, to clarify this, the 26,000 square feet is the present gross floor area, the 45,000 square feet would be the gross floor area including the existing floor area. There's no problem in retaining all the buildings in the present form and allowing reasonable expansion and still produce 266 parking spaces. One of the key things is the possibility of running on one level and remarking and also uti- lizing the Arco Station, abandonded station site, as a parking lot - which is our goal. Commissioner Smith asked if it doen't take 200 square feet minimum for a parking space? The Secretary answered yes, plus maneuvering, it's approximately 300 square feet of area for a parking space. The City Counciljhas asked you to come back with a recom- mendation on the reasonable ratio for a parking assessment district. Commissioner Martin asked if this were an assessment district, this would be a public parking lot, would it be City owned? The Secretary answered it would be City operated, whether it would be City owned or not would be up to the City Council. Chairman Lively asked if it was true that to meet the ordinance the most they have to have is 100 parking spaces? The Secretary answered approximately 130 spaces. CommisSioner Belanger stated that hasn't worked out very well in'Plaza De Robles. Commissioner Smith didn't think that ratio is high enough. He wanted to know if this was going to aggrevate or improve the traffic problem° The Secretary stated that it should improve it. Chairman Lively stated that the City CoUncil wants us to give them a recommendation on the number of square feet per parking space for a pa~i~g assessment district. The Secretary stated the Staff is recommending one (1);space per 300 feet of floor area. -8- ~ P_~annin Commission MinUtes -~ Chairman Lively stated this was a chance to Set toEether with the City Council and we have a meetins with them on September 11, 1973 and one of the thinSs we are EoinS to be talkinE about is the circulation element. Isn't this an opportune time to brinS this up and thrash this out? The Secretary answered yes, at this poiht we are JuSt recommendins one (1) to 300 for your consideration. Chairman Lively stated the matter would be referred to the General Plan Committee on Tuesday, September 11, 1973 for discussion° F. SD-1052 - Osterlund Enterprig~s.~. Fr~it.v~le Avenue & San Marcos Road The Secretary reported for the PlanninE Commission's information, Osterlund Enterprises had PlanninE Commission approval of a tentative map for the subdivision on the south- east corner of San Marcos. Road and Fruitvale Avenue showins interior roads tominS. out to an improved Oddfellows Road and then out to Fruitvale Avenue - then it was to con- nect up to Granite Way and Crisp Avenue~ The developer, thouSh, after review with Odd- fellows and determinins the cost,'found'that they would like to propose a different street pattern and that would be to eliminate most of the access on the Oddfellows road and create a new road comins out onto Fruitvale Avenue. Commissioner Marshall asked what happened to the notion of EoinS up a block and over a block? The Secretary answered he didn't know, we haven't Sotten together with Osterlund Enterprises yet. I don't know whether Public Works would Join with me but I would say we should stick with the use of the Oddfellows Road. Commissioner Smith stated he didn't 'thi~k we should create illegal lots. Dan Trinidad, Assistant Director of Public Works, stated that these alternatives are being presented because the people who live on San Marcos Road asked the City and the Developer to see if there were some other alternatives. The Secretary indicated that this would come up as soon as the Staff could get together with the developer. VII. COMMUNICATIONS A. WRITTEN 1) The Secretary stated that it would be well to refer the request of Mr. Moreland on behalf of Mrs. Brown on the Variance extension to the Staff for a report at the next meeting and the same on the proposal on the school to ~each ceramic decoration. Chairman Lively directed these matters be referred to the Staff for a report and recommendation at the next regular meeting. 2) The Secretary recommended on SDR-931 - the request for extension on behalf of Mr. and Mrs. Leuthold be Sranted for one (1) year because all conditions are im- posed and there are no problems. Commissioner Smith m6ved in the case of SDR-931 - Mr. and Mrs. Leuthold be Sranted a one (1) year extension. Seconded by Commissioner Marshall - motion carried unani- mously. 3) The Secretary stated we have a resolution that was Siren to the City Council throuSh the City ManaSer for submittal to the City Council for adoption reSarding Sovernment code #64502 which'talks about exemptinS minor road wideninS and aliSnment property acquisitions from a determination of conformaty with the General Plan. Commissioner Matteoni moved that it be recommended to City Council adoption of the subject resolution. Commissioner Marshall seconded - motion carried unanimously. 4) The Secretary stated for the Commission's information, there is a memorandum from the Mayor and a copy of the communication by .the City Manager to the Chairman of the County PlanninE Commission reSardinS the "C-S" or "City Services Combining Zone". 5) The Secretary reminded the Commission of tomorrow night's meetins in the Crisp Con- ference Room at 7:30 P.M. -9- ~ CommiSsion Minutes - 1973 -.Continued B. ORAL Commissioner Matteoni mentioned the newspaper article on the suit by AVCO against the City, he stated he would like the City to send for a copy, if possible. He didn't think the City Council had decided yet what action to take. Commissioner Belanger asked the Secretary if he could briefly describe the matter. The Secretary reported the Judge ordered the City to approve the development plan for the 7½ acres or the 19 lots that were p~oposed to be located in the freeway right-of- way area and the basis for that action Was the funding for the freeway project will not be available for another 10 years and the City would have effectively tied up AVCO's land for 23 years and that 68 percent of the land in the area had already been purchased by the State for the freeway but the AVCO property was neither purchased nor condemned. Commissioner Woodward stated that Mr. John Terry from the Parks and Recreation Com- mission called and asked that the Staff investigate what was felt to be an infringe- ment on the pathway system. A. 'On Douglas & Fruitvale Avenues two (2) new houses have been landscaped right up to the road. B. On Crisp Way new houses going in onethe south side have sloped the land and have cut so that a walkway would be detrimentaly affected. Commissioner Marshall mentioned that miButes of the West Valley Junior College Board meeting contained comments about moving earth from West Valley - Saratoga and it was a huge number of cubic yards, by dropping one athletic field something like four (4) feet. What right.do they have to move the natural lands down to the mission campus or whatever it is they are talking about doing. The Secretary stated that the State pre~empts us as far as grading and building and would check with the City Attorney on that matter. Chairman Lively acknowledged Councilman~Diridon's presence and thanked Mrs. Parker and Mr. Samson from the Good Government'Group for the coffee. VIII. ADJOURNMENT The meeting was adjourned at 10:45 P.M. Respectfully submitted, ~lker, Secretary Saratoga Planning Commission