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HomeMy WebLinkAbout09-24-1973 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION SUMMARY OF MINUTES ******************** TIME: Monday, September 24, 1973 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting ******************** I. ROUTINE ORGANIZATION A. ROLL CALL Present: Commissioners Belanger, Lively, Marshall, Martin, Matteoni, Smith and Woodward. B. 'MINUTES ~ Commissioner Smith moved, seconded by Commissioner Marshall, that the reading of the minutes of the September 12, 1973 meeting be waived and that they be approved as distributed to the Commission with the following changes:page 3. .under E. V-400. .paragraph 1. .line 1. .change "Lively" to "Marshall"; page 9. .paragraph 5. .line 1. . .change "Con~nissioner" to"'Councilman" and in paragraph 11. . .~elet~.l'.last..line. . . ~nd~Linstead add. ."out of'the.driveway of the adjacent property because of the fence extending out into the pathway; motion carried with Chairman Lively and Commissioner Matteoni abstaining. C. CITY COUNCIL REPORT Commissioner Woodward noted the following items discussed at the City Council meeting of September 19, 1973 as being of significant interest to to the Planning Commission: 1) Awarded the contract for Gardiner Park. 2) Adopted Resolution 676 - Authorizing Condemnation Proceedings to Obtain Easement along Saratoga-Los Gatos Road for Falkway. 3) Adoption of Resolution 6'77 - Allowing the City of Saratoga Eligibility to Qualify for Federal Flood InsUrance 4)Introduction of Ordinance No. 38.12.4 and 38.54 Relating to Cable T. V. Franchise 5)~ Adoption of Resolution 671 - Relating to Sanitary Sewerag~ Project on Norton and Bohlman" Roads. 6)Mayor's presentation on Proposition I - california Tax Initiative. 7) Letter received from Mr. Kerr of Radoyka Drive questioning addition of second story addition to'existing one story house in a completed tract (Saratoga Woods) D. WELCOME The SeCretary introduced and extended a welcome to the new Associate Planner, Charles Rowe, and explained that he has been with the Regional and County Planning Department in West Palm Beach, Florida. The Secretary further stated that Donald Burt, former Draftsman for the Planning Depart- ment has been promoted to the Planner I postion. -1- Planning Commission Minutes - September 24~ 1973 - Continued II. PUBLIC HEARINGS A. Proposed Amendment to Zoning Ordinance NS-3, Article 3 - Regulating Two-Story Residences in New Subdivisions - Continued from September 12~ 1973 Chairman Lively.reo~e~d"'~h'~hearing at 7:~3 P.M. The Secretary explained that 1) the proposed ordinance is'the result of several months of study and review by the Planning Commission and Staff 2) the ordinanceg~proposes to regulate construction of two-story-single-family homes in new develop- ments as they relate to existing.older neighborhoods. There are two (2) new items that should be considered: 1) concerns the letter referred to by Commissioner Woodward-and received from Mr. Kerr which relates to second-story additions in the older subdivision of Saratoga Woods where a party is proposing to add to a singll.~story home a second story which is in accord with the setbacks; although, an application for a Building Permit has not been received. 2) The residents of the area and the Saratoga Woods Homeowners Association have submitted letters suggesting that some proposal be included in the ordinance to control second-story additions as well as new two-story homes as it reIates to adjacent single- story subdivisions. The Secretary read the two (2) communications submitted to the City Council by t) ~ Saratoga, Woods Homeowners. Association (urging the City Council to postpone issuance of any Building Permit for the proposed two-story addition in the subject area until the matter of the proposed ordinance can be re'solved) and 2) Mr. Warren L. Kerr of 12617 Radoyka Drive stating his opposition to the second-story addition proposed by his neighbor and urging the City Council to adopt emergency legislation tO prohibit this type of construction. The Secretary then stated that the City Council did consider these requests and discussed theTpossibility of an Emergency Ordinance to cover this one particular situation described in these communications. The City Attorney had some reservations about~whether the proposed ordinance could impose the restrictions on existing one-story homes where a~'. two-story addition is proposed. The City Council a~ks that the Planning Commission consider these requests and possibly make some amendments to the proposed ordinance.. I_!t.was, also, brought out that the original ordinance draft did not speak ,of~the possibility that a two-story average-lot-coverage'could have floor ar.~a in access of what is allwed under the Zoning Ordinance for a single-story house. · Commissioner Marshall noted that a twosstory house should be limited to no more than 50% l~rger gross area than the first floor of the residence. Anyone wishing to add a second-story addition to a single-story in a zoning area of smaller lots that person should be required to relocate on a larger lot. Commissioner Smith noted that this would be a great deal more liberal than what is proposed in the subject 'ordinance. Chairman Lively stated that,;perhaps, a sample case could be presented to show how the different ~ercentages would affect the construction of two-story additions. Commissioner Belanger noted that the reason fbr building a two-story on a small lot is to allow more yard space; however, prohibitng two-story construction would encourage great sprawling on smaller lots. Commissioner Marshall noted tha~ two-story homes seem to sprout like mushrooms and there are too m~ny of them around already. Commissioner Smith noted that two-story residences cause a greater invasion of privacy on smaller lots than .those constructed on larger lots. He feels the City should highly restrict .the number of two-story homes that can be built on smaller lots. Commissioner Martin inquired about the definition of splitslevel homes? Planning Commission Minutes - September 24, 1973 - Continued II. A. Proposed Amendment - Continued The Secretary explained that City Ordinance do not speak to story limitations, but only.i~fTheight limitations. Commissioner Martin suggested that measures be taken to be more definitive about split-level and twosstory construction. Commissioner Woodward stated that the Planning Commission should take a look at different architectural designs other than California-ranch. The house should be built to fit'the site and some controls in this direction should be considered. Commissioner Belanger stated that maybe Section 17 of Zoning Ordinance NS-3 could be amended with some ~ording relating to the number and placement of two-story houses in a subdivision. Commissioner Matteoni stated that he is a little hesitant about consider- ing this matter as an emergency situation. Commissioner Marshall pointed out that the property at the corner of Allendale and Fruitvale Avenues will present problems related to two- story structures since the neighbors are already objecting to the pro- posed construction of two°story homes in this subdivision. Commissioner Marshall moved, seconded by Commissioner Smith, that the Planning Commission urge the City Council to adopt an Emergency Interim Ordinance to prevent conversion of existing one (1) story residences to two (2) story residences; motion carried with Commissioner Matteoni voting "no". Mr. Warren Kerr of 12617 Radoyka. Drive was present and stated that the proposed Emergency Ordinance recommendation to the City Council covers his request very nicely and thanked the Planning Commission for their action. Chairman Lively closed the hearing for the evening at 8:22 P.M., referred the matter to the Staff for further study and review and continued the subject to the next regular meeting. B. Proposed Amendment to Zoning Ordinance NS-3, Article 3 - Regulations for Hillside Combining Zoning Districts - Continued from September 12~ 1973 The Secretary recommended that this matter be continued to the next regular meeting. Chairman Lively so directed and referred the matter to the Staff for further study and review. C. V-397 - Terence P. Woods, Old Oak Way - Request for Variance to Allow a Reduction in Front Yard Setback Requirements - Continued from September 12~ 1973 Chairman Lively reopened the hearing relative to V-397 at 8:23 P.M. The Secretary stated that the Variance Committee and Staff did visit this site. The Design Review Committee reviewed the proposed plans and the Variance request and felt that the proposed house should be redesigned to better suit the site and reduce the amount of the Variance request and to better utilize the land and save the trees. The applicant's architect was informed of the recommendation and he objected. There was, also, some discussion relative to the ~xchange of property with an adjacent property- own e r. -3- II. C0 V-397 - Continued Commissioner Martin stated that the Variance Committee did ask that the applicant make better use oflthe flat area of this lot. The applicant was present and stated that if the design of the house is changed more trees would be lost. Commissioner Marshall stated that the real bone of contention is not the design of the house, but rather the amount of grading that will be re- quired if that particular design.is used. The house could be designed to better fit the contour of the land. .Commissi er M~i"~e~'d'ehi~"i~w"~is impression that the concer~' on ial'~with the grading and the loss'of 'trees. The house should not be shoved over to the very ,limit of the yard on one ~de just so that the house will fit into the flat area. Commissioner Martin explained that the Variance Committee did understand that some sort of Variance will have to be granted for this site, but every effort should be-~a'd'~'\to design the house more compatibly with the property. Mr. Woessner, applicant's architect, stated that he has worked a long time on the plans for this property and design of this house and he has attempted to give the appearanceTthat thi's house just grew here. There are a lot of trees here and the aRplicant desires to put a house between the trees ~ if the front y~d Variance ~s denied then the house would have to go further'back and more trees will have to be removed. Commissioner Smith suggested tha6 the applicant consider a split-level house that can be built over the'bank. Commissioner Marshall advised that the house could be built right up next to the road. The present design does not involve building the house to fit the lot but is just'grading out a flat pad and trying to build on 15% of the total lot-area. Commissioner Martin noted that he did not feel it was possible to say whether a Variance is required at this time, It did not appear that the architect is making the best use of the available contours. Also, if some property could be exchanged with an-adjacent property-owner the amount of Variance could possibly= be reduced. Commissioner Matteoni stated that due to the fact that it is a difficult piece of property every attempt ~hould be made to work with the property owner to work out an alternate design and save the maximum number of trees. If you look at this as strictly a Variance request it would be,hard t~ justify approval, but recognizing that it is a problem site the appli- cant should be offered some assistance. Commissioner Belanger stated that if we start out with the basic assumption which is that the applicant wants'to build on this property in this way then '~t m~st be recognized that there is a hardship and try to come '.up!~~~ith a solution. Commissioner Marshall noted that the applicant and his architect have really made no attempt to deviate any from their original plans. Chairman Lively explained the. the applicant that this matter can be continued to allow time for the architect to revise and resubmit plans showing 1) a redesign of the house 2) existing contour lines 3) location of all the trees and 4) better scales. Commissioner Belanger noted that zthe architect may have to design some far'out plan to arrive at a solution, but sometimes a very good house design is the result of such an arrangement. Chairman Lively closed the hearing for the evening at 8:56 P.M., directed V-397 continued to the next regular meeting and ref~rrle~ the matter to the Variance Committee and Staff for further study and review. -4- Plannin~ Commission Minutes - September 24, 1973 - Continued II. D. V-400 - David Duncan, Granada Court - Request for Variance to Allow a Reduction in Side and Rear Yard Setback Requirements - Continued from September 12~ 1973 Chairman Lively reopened the hearing relative to V-400 at 8:57 P.M. The Secretary read the Staff Report relative to V-400 dated September 24, 1973 recommending that the subject request for Variance be approved. Commissioner Martin recommended the subject report be amended by adding the words "Variance Committee and" between the words "The" and "applicant" in sentence 3 of paragraph 2. Commissioner .Martin moved, seconded by Commissioner Belanger, that the public he~ing in connection with V-400 Be closed at 9:00 P.M.; motion carried unanimously. Commissioner Martin moved, seconded by Commissioner Matteoni, that the Staff Report dated September 24, 1973 relative to V-400 be adopted and that the Variance to allow~a reduction in rear and side yard set- back requirements for a swimming pool be approved on the basis the required findings of Section 17.6 of Zoning Ordinance NS-3 can be made for the reasons stated in the subject report; motion carried unanimously. E. UP-227 - Luce~l Fitzpatrick, Sousa Lane - Request for Use Permit to Allow a Residential Care Unit - Continued from September 12~ 1973 The Secretary explained that the applicant did meet with the Subdivision Committee and is now working on the overall plan for the development and when that is completed will once.again.meet with the Subdivision Committee. The applicant was no~ present and no one in the audience wished to comment. Chairman Lively did not open the'hearing at this time and directed the matter continued to the next regular meeting and referred the matter to the Subdivision Committee for further study. F. UP-228 - Cal-West Communities, Saratoga Avenue - Request for Use Permit to Allow Model Home Sales Office Chairman Lively opened the hearing relative t~ UP-228 at 9:02 P.M. The Secretary stated the Notice of Hearing was mailed.and explained that the request is to allow this appiicant to 9pe~ furnished models for Phase II of this development. Mr. Ralph Adams, present to represent the applicant, stated that the pro- posal is for four (4) models and:the garage will serve as a sales office. In the existing Phase I the club house is used as a sales office, but that will now be discontinued. Chairman Lively noted that, perhaps, it would be better to continue this matter untilit can be determined when the existing sales office can be closed and moved. Commissioner Marshall explained that this matter was discussed with the Staff and it.was suggested that the present facility be terminated when the new one is put into use. Chairman Lively closed the hearing for the evening at 9:11 P.M., directed the matter continued to the nextlregular meetiDg, and referred the matter to the Subdivision Committee for further study and review. III. BUILDING SITES AND SUBDIVISIONS A. SDR-1067 - Joseph R. Helm, Pike Road - Building Site Approval - 1 Lot - Continued from September 127 1973 Mr. Shelly Willjams, realtor present to represent the applicant, stated that the applicant had reviewed the proposed conditions of approval and expressed satisfaction with same~ -5- Planning Commission Minutes - September 24~ 1973 - Continued III. A. SDR-1067 - Continued Commissioner Smith moved, seconded by Commissioner Marshall, that the Staff Report dated September 24, 1973 be adopted~:and that the tenta- tive map (Exhibit '~-1", filed September 12, 1973) be approVed subject to the conditions set forth in said report; motion carried unanimously. B. SDR-1068 - Daniel Gilbert, Belnap Drive - Building Site Approval - 1 Lot - Continued from September 12~ 1973 The applicant was present and stated he had reviewed the proposed conditions of approval and expressed satisfaction with same. Commissioner Smith moved, seconded by Commissioner Marshall, that the Staff Report dated September 24~ 1973 be adopted and that the tenta- tive map (Exhibit "A", filed August 31, 1973) be approved subject to the conditions set forth in said report; motiDn carried unanimously. C. SDR-1070 - Douglas P..Hines, Pierce Road - Building Site Approval - 3 Lots - Continued from September 12~ 1973' The applicant was present and stated he had reviewed the proposed conditions of approval and expressed satisfaction with same except that in condition "J.". ."Sanitation District ~4" be changed to read "Cupertino Sanitation District". Commissioner Smith moved, seconded by Commissioner Marshall, that the Staff~ Report dated September 24, 1973 be adopted and that the tenta- tive map (Exhibit "A", filed August 27, 1973) be approved subject to the conditions set forth in said report; motion carried unanimously. D. SDR-1072 - Leonard E. Good, Mendelsohn Lane - Building Site Approval - 1 Lot - Continued from September 12~ 1973 The applicant was present and stated he had reviewed the proposed conditions of approval and condition "E" as it relates to the Piedmont Road widening may be unsatisfactory since it is currently a private road and the residents did wish to keep it that way. Further the lot can be developed in such a way that the owner would not have to use Piedmont and on Piedmont there is already a 20-foot dedication and to meet the requirements of condition "F" a 25-foot dedication would be required. This would cause the subject lot to be squeezed somewhat. Condition "N" relates to run-off from Mendelsohn Lane and this has~been a problem for several years; however, Saratoga-Los Gatos Road has had run-off and the City had intended to run a berm to alleviate the situation somewhat, but this has not been:accomplished to date. The drainage problem is really not with this property, but from public property and has been discussed with the Department of Public Works. Commissioner Belanger noted that last year the homeowners along Piedmont' Road were given the opportunity,to dedicate that road and bring it up to standard and with the help of the City to alter the conditions of the road. The ppople decided not to dedicate; therefore, there seems to be' no reason to require this applicant to dedicate and improve this small portion of the road since i't would be starting something that will not be continued. Chairman Lively directed, SD-1072 ~' continued to the next regular meeting in order to allow additional time to study the road widening, dedication, and drainage problem in connection with this building site. -6- Planning Commission Minutes - September 24~ 1973 - Continued III. E. SDR-1074 - Paul E. Brown~ Mendelsohn Lane - Buildins Site Approval - 1 Lot The applicant was present and stated he did review the proposed conditions of approval and expressed satisfaction with same. Commissioner Smith moved, Seconded by Commissioner Marshall, that the Staff Report dated September 24, 1973 be adopted and that the tentative map (Exhibit "A", filed September 4, 1973) be appr0ved subject to the conditions set forth in said report; motion carried unanimously. F. SDR-1075 - T,& K Development, Big Basin Way and Fourth Street - Building Site Approval- 1 Lot Chairman Lively directed SDR-1075 continued to the next regular meeting to allow further lime for s.tudy and review of this proposal. G. SDR-107~ - Almaden Development, Big Basin Way and Fourth Street - Building Site Approval - 1 Lot Chairman Lively directed SDR-lD76 continued to the next regular meeting to allow further time for studyand review of this proposal. RECESS AND RECONVENE IV. DESIGN REVIEW A. A-391 - George W. Day Construction Co., Fruitvale Avenue - Final Design Review - SinSle-Family Residence (Lot #16 - Tract #5150) Commissioner Belanger noted the suggestion that the size of the trim (2x4) be deleted from condition !'b)'.' of the Staff Report dated September 24, 1973 relative to A-391 (Lot #16 - Tract 5150). She then explained that the setbacks are a little bit large~ than what was originally agreed to and the Design Review Committee would like to see a sample of the roofing material. It was hoped that a color with a brown cast to it could be used for the roof to go along with the architectural styling. /Commissioner Belang,er moved,~ seconded by Commissioner WB'~dw'~d~'~h~"~he ~ ~ StAff Report rel,ative to ~-391 (Lot #16 - Tract #5150) b~ adopted, as amended, and that Final Design Approval be granted for the house on Lot #16 as shown on Exhibit "U" subject to the conditions set forth in said report; motion carried unanimously. C~Lm~issioner Belanger noted that there isa fence on a lot in this tract that has not received Design: Review Approval. The Secretary explained thatlthe.owner of the lot and fence has been contacted and an appointment'has been made to meet with him to discuss this matter. B. A-419 - T & K Development, Big Basin Way and Fourth Street - Building Site Approval - 1 Lot The Secretary explained that!this applicant is interested in getting the Planning Commission's comments on the architectural design and lay-sut of this development. The Staff Report dated September 24, 1973 relative to A-419 recommends that Preliminary Design Approval be granted for A-419 subject to the condition. set forth in the subject report. Commissioner Smith noted tha~ on the basis of the Staff Report and the report attahhed thereto this matter should be referred to the Citizen's Architectural Advisory Committee. Commissioner Belanger advised that she would recommend that the Staff Report be amended by adding "Design Review Committee" after "Architectural · ee" Advisory Comm~tt to the last line in paragraph 2. She further stated she would like to see a study of'the entire downtown area. A development of the size proposed will have an impact on how the downtown will develop in the future. Planning Commission Minutes - September 24~ 1973 - Continued IV. B. A-419 - Continued Commissioner Belanger further stated that Don Burr of the Planning Department has been doing some scale drawings on buildings in the Village with historic backgrounds and he should be encouraged to continue this work. C. Tract 5164 - Kunkel-Thomas, !Sobey Road - Revision of Final Design Review - Single-Family Residence (Berm Construction) The Secretary stated that this matter comes before the Planning Commission because of the question about the bermalong the property line of Marshall Lane School and Sobey Meadows subdivision. The dirt was originally to be stock piled and used around .the houses but now the subdivider proposed to use the berm for a buffer and noise barrier. Mr. Clayton Thomas~stated that originally the dirt was brought in to be used for backsfill due to. engineered pads that were made low and th~s dirt was to bring the pads up to.the'level that was 'acceptable. Commissioner Belanger inquired if the Public Works Department okayed the grading plans for these pads? The Secretary explained that the grading plan for the pads were okayed by Public Works but not for the'z~erm itself. Chairman Lively stated that Something should be done to prohibit fencing in the berm area. Mr. Clayton stated that withlthe'trees staggered along the top of this earth berm it will be difficult for anyone to get a fence in there. Commissioner Belanger noted that:there is some question as to whether the grading'ion this site coincid&s with the approved grading plan. It seems there have been signifycan[ changes in the lot elevations. The Secretary explained that .this matter could be reviewed and a report prepared for the next' regular meeting. Commissioner Marshall statedzthat Monterey pines could be planted to · prevent fencing on the earth~berm but then how is anyone assured that the trees will survive until they can take care of themselves. Mr. Thomas explained that the tr~es could be made the responsibility of the adjoining property owners. Chairman Lively asked what would happen if the. homeowners preferred a fence instead of the Monterey pines~ Mr. Thomas stated that, in his opinion, this would seem unlikely. Commissioner Belanger explained that she would like to study this entire issue and believes it would be advantageous for the Design Review Committee · ' to make an on-site inspection. Commissioner Marshall recommended thatthe matter be referred to the Design Review Committee to review the situation concerning the earth berm and that the Public Works Department and Planning Department be asked to determine if the actual grading is in conformance with the approved grading plan. -8- Planning Commission Minutes - September 24, 1973 - Continued IV. C. Tract 5164 - Continued Chairman Lively, in answer to an inquiry from Commissioner Belanger, stated that he did not feel the earth bermwas a bad idea if it will prevent some- one from putting a six (6) foot fence on top of it. Commissioner Woodward suggested that, perhaps, it could be made a condition of the deed that the owners of lots involved be responsible for the trees. Mr. Clayton explained that this requirement could be made part of the · sales agreement for lots one~(1) and two (2). Commissioner Martin stated he agreed the berm idea was basically good, but he is still concerned about the trees being left without providing proper care. Chairman Lively directed this matter continued to the next regular meeting and referred it to the Design Review Committee for study. V. ENVIRONMENTAL IMPACT REPORTS None VI.. MISCELLANEOUS ITEMS A. SDR-1073 - James Rodrigues, Woodbank Way - Request for Reconsideration of Conditions The·Secretary explained that a revised report has been prepared for SDR-1073 reflecting the request for reconsideration made by the applicant. Commissioner Belanger noted that ·condition M. should be added to the subject report as follows: "M. Design Review Approval required." Commissioner Smith moved, sesonded by Commissioner Marshall, that the revised Staff Report dated September 24, 1973 be adopted, as amended, and that the tentative map (~xhibit "A", filed August 31, 1973) be reapproved subject to the conditions set forth in said report; motion carried unanimously. B. SD-1040 - Osterlund Enterprises,'Fruitvale Avenue and Allendale Avenue - Request for Reconsideration of Conditions re Design Review from Mr. and Mrs. JOhn D. Vance~ et al The SeCretary explained that no action is necessary in connection with this ~request~atth{s time sinde the change of zoning directly involved has not been finalized and the developer has not filed for Design Review Approval;!therefore, the matter should be continued to the next regular meeting. Chairman Lively so directed. C. Cox Avenue Landscaping The Secretary distributed a Chart relative to the status and progress of the Cox Avenue landsgaping. He then suggested that the Design Review Committee review this matter in the fi~d. Chairman Lively directed the·matter continued to the next regular meeting and referred the Cox Avenue landscaping to the Design Review Committee for study and a report at the next regular meeting. D. 'S~80 - AViD'Community Developers~ Cox Avenue - Request for Withdrawal The Secretary read a letter received:from the applicant requesting that this matter be·withdrawn because the plan at present is to refile and submit a revised tentative map for this property. -9- Planning Commission Minutes - September 24~ 1973 - Continued VI. D. SD-980·- Continued The Secretary e~plainedi~·that the City Attorney has advised it is necessary for them to'withdraw this request for subdivision approval at this time or the Planning Commission will have to act on the matter. Commissioner Smith moved, seconded by Commissioner Marshall, that the request for withdrawal of SD-980 be approved; motion carried unanimously. E. Osterlund Development - Saratoga and Cox Avenue The Secretary explained that the developer has asked that this matter be continued to the next regular,meeting since he has not come up with a design for the landscaping for the two (2) lots involved. Chairman Lively so directed. F. West Valley Junior College - Grading The Secretary stated that· he spoke to President Hardy of'the College and discussed the lowering of the athletic field with hime and it was his (President Hardy's) thought.that when the athletic facilities and accessory buildings were presented to the Planning Commission for Design Review in conjunction with the warehouse maintenance building the grading ~s~:. then shown on the plans and'that the City had at least given tacit approval even though not a formal approval. Commissioner Marshall referred to the minutes of the West Valley Junior College Governing Board for the meeting of August 21, 1973 relating to awarding a contract for soil removal which is necessary as a result of a change order #1 which purposes'to authorize lowering of the athletic field from 408-feet to 392-feet.. A subdivider in the area attempted to begotlate with the college to buy this fill but the College preferred to pay someone the amount of $270,573 to transport the fill to Santa Clara. .' The Secretary stated that President Hardy would not object to the Planning Commission reviewing the grading plans but did ask that a formal request be made by the Planning Commission so that President Hardy and his Staff can prepare a presentation Chairman Lively directed the Secretary to prepare a formal request to . . .-.o:..~ the WVJC asking for a full review and presentation to the Planning COmmiSSIon Of the grading and the impact of'the soil removal. / ~'~' Commissioner Martin recommended that a..:cgpy of the letter be forwarded to each member of the Governing--..~oard. Chairman Lively so directed. G. City Manager Referral - Four21Lots Located in Santa Clara County - ProspecC 'and Rolling Hills Area - Saratoga Sphere of Influence The Secretary explained that the~ developer proposes to create two (2) new lots in addition to the existing homes that are located here at present. Sept. ic tanks are proposed to serve the new lots. The lots do meetlslope density requirements.' Commissioner Smith moved, seconded. by Commissioner Marshall, that the Planning Commission go on record as disapproving the present proposed lay-out for this property particularly as it relates to Parcel "C" because the lots are inconsistent with the standards for the City of Saratoga as it relates to 1) desZign 2) grading 3) access 4) pad elevation and 5) sewage disposal. -10- Planning Commission Minutes - September 24~ 1973 - Continued VII. COMMUNICATIONS A. WRITTEN Lyngso Property The Secretary read a letter received from Sandra Sifferman, Secretary of the Saratoga Manor Homeowners Association, requesting that the property presently housing'the Lyngso facility be rezoned to "R-I" '~conformwith the General Pian.. The Secretary explained that a 'change of zoning could be initiated by either the City of Saratoga or the property owner. Chairman Lively directed that the communication be noted and filed and referred the matter to the General Plan Committee. B. ORAL Two (2) Story Ordinance - Emergency Ordinance Chairman Lively, in answer to an inquiry from Commissioner Matteoni, stated that the Emergency Ordinance proposed to the City Council relative to two (2) story construction is simply asking that construc- tion on two (2) story homeslbe banned until a permanent ordinance rela-- tive to same can be worked out and the City Attorney has an opportunity to draft a permanent ordinance. Commissioner Matteoni wondered where that left the people who are in the process of obtaining a Building Permit for plans already drawn for conversion of a one-sto,ry house to a two-story? The Secretary explained that the City Attorney could offer some advice on. that 'question. Commissioner Smith stated that the Emergency Ordinance would not be retroactive. Chairman Lively asked the Secretary to discuss this matter with the City Attorney. Guests Chairman Lively acknowledged, with pleasure, the presence.of Mayor Smith, Councilman Bridges, City Manager, Robert Beyer,~=oM~. Sansom of the Good Government Group and Mrs. Sifferman of the Saratoga Manor Homeowners Association. VIII. ADJOURNMENT Commissioner Smith moved, seconded by Commissioner Marshall, that the meeting of September 24, 1973 be adjourned at 11:25 P.M.; motion carried unanimously. Respectfully submitted, Stan ely~//Secre~~tary Saratoga Planning Commission j -il-