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HomeMy WebLinkAbout11-12-1973 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES ******************** TIM_E: Monday, November 12, 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, Matteoni, Smith, and Woodward. Absent: Commissioner Martin. B. MINUTES Commissioner Smith moved, seconded by Commissioner Marshall, that the reading of the minutes of the October 23, 1973 meeting be waived and that they be approved as distributed to the Commission; motion carried with Commissioner Woodward abstaining. C. CITY COUNCIL REPORT Commissioner Marshall gave a brief summary of items reviewed and action taken at the City Council meeting of November 7, 1973, with emphasis on items of particular interest to the Commission. II. PUBLIC HEARINGS A. Proposed Amendment to Zoning Ordinance NS-3, Article 3 - Regulating Two-Story Residences in New Subdivisions - Continued from October 23, 1973 Chairman Lively reopened the public hearing at 7:38 P.M. The Secretary stated that the final draft of this Ordinance Amendment is now available as drafted by the City Attorney. .The proposed amendment ~.~ecbgnizes several concerns the Planning Commission had~in regard' to two-story ~ ~.development in \the City. There was a'request that som~ type of~i~ ~be Written in'to'the'Ordinanc~ Amendment and that has ~ot'been include~; however, if it is considered by the Commission to be desirable the City Attorney be asked to add that at the time the subject amendment comes before the City Council for review. Chairman Lively inquired if the City Attorney interpreted that the split-level home not be considered as a multi-structure. The way the Ordinance Amendment is presently written split-level homes would be exempt from the regulations contained in the subject amendment. The Secretary explained that the City Attorney attempted to word the Ordinance Amendment so it would have some flexibility to.'it. Commissioner Marshall stated that!a better definition of split-level,,["'7 ~ two-story, and a basement is n~' so that the basement would not be ~ ~"construed as a first fIoor. The Secretary suggested that changes co61d be inserted and if some clarification is necessary it could be resolved at the time the City Council reviews this Ordinance Amendment. The Secretary then explained that the City Council would like some recommendation from the Planning Commission relative to this matter prior to the expiration of the Emergency Ordinance ~egulating Cwo-~tory additions. -1- Planning Commission Minutes - November 12~ 1973 - Continued II. A. Proposed Amendment - Continued Commissioner Belanger stated that the Planning Commission has attempted to redefine this situation several times and it keeps getting better ~'.each time it comes back, but it still hasn't reached a place where we can agree on it and she would hesitate to forward it to the City Council without knowing ekactly what it is going to say. Chairman Lively stated that, perhaps, a special meeting could be scheduled prior to December 9, 1973 (expiration date for the Emergency Ordinance) to discuss the proposed changes in the proposed ordinance. Commissioner Matteoni stated that a preamble is necessary for this amend- ment in order to meet another problem. In the case of Mr. and Mrs. Bruce Fox of 11970 Walbrook Drive where they had planned a two-story addition prior to adoption of the EmergenCy Ordinance and have submitted a communication explaining their situation. Since the Fox matter would not meet the strict requirements of a Variance application another method should be .provided to bring items such as these before the Planning Commission. He would recommend the matter be sent back to the City Attorney to get some additional wording relative to this matter.and to develop some type of appeal procedure. Commissioner Belanger stated that she felt she could see what the City Attorney was trying to do by writing the Ordfnance Amendment the way he did. He was trying to cut down the number of public hearings the Planning Commission would have, because these matters were handled routinely by the Planning Department before and it would cause a tremendous burden on the Planning Commission if a public hearing was held for every two-story addition that came along. Maybe what we really should try to do. is make an aesthetic judgement. Commissioner Smith noted that it seemed unrealistic [o forbid an appeal procedure in this 6ase when no Other such rule exist~ in any other Section of Ordinance NS-3. Chairman Lively recommended that the subject Ordinance Amendment be referred back to the City Attorney for further revisions relative to: 1) Addition of a Preamble' to the Ordinance Amendment. 2) A redraft of Section 1 - aaa-1. 3) Change Section 3.16 back to what the previous wording was relative to pre-existing!structures. 4) Add to Section 16.15 some wording that would require public hearing. 5) Add a procedure providing '~for aesthetic judgement. 6) Add wording to allow some type of appeal...- Commissioner Belanger stated she is still not happy about Section 2 on page 1 stating that "No more than 50% of the lots or sites,'may be improved.~'~ She anticipates trouble with this particular statement. ~'N~h~e ~does it say that under 50% is up to the discretion of the Planning Commission. She can see where this statement could be read as the right Of the builder to have 50%. Anotheraarea that bothers~her~s in this area of aesthetics. She would recommend that the following be added to Section 2: "The number of such lots to be determined by Design Review of all new subdivisions according to the standards hereinafter set forth and at the discretion of the Planning CommiSsion." ~Mr. Leonard Feldheym of 20184 Franklin Avenue stated he concurred with ~ the Planning Commission concern about'"the ioss of privacy caused by the construction of two-story structures, but he, also, hoped that the Commission would be concerned about the rights of/property owners proposing conversions, remodelings, and/or.additions. He would 'recommend that the Saratoga Planning Department, which is an excellent one, be given more discretion to look at these applications for two-story constructions on a limited time on an environmental impact basis. Another major concern ..~ of his is that the technical Staff be used in an advisory capacity on all -2- Planning Commission Minutes - November 12~ 1973 - Continued II. A. Proposed Amendment - Continued applications and recommendations'and decisions be made.by the Planning Commission on the basis of these recommendations. The proposed ordinance has missed something that is happening in America today'and that is the shortage of building materials. The two-story under certain conditions can use half the roofing material, etc. that a one-story with the same square footage would use and a two-story would use less surface area than a one-story. Chairman Lively closed the public hearing for the evening at 8:25 P.M., referred the matter back to the Staff and City Attorney for further review, and directed the matter continued to a special meeting to be scheduled for 7:00 P.M., November 20, 1973. B. Proposed Amendment to Subdivision Ordinance NS-5, Section 10 - Regulations for Hillside Combining Zoning Districts - Continued from October 23~ 1973 Chairman Lively reopened the hearing at 8:26 P.M. The Secretary explained that the final draft as written by the City'Attorney of the Ordinance Amend- ment has been distributed to the'Commission'for review. The features of it are to put into ordinance form, rather than the present resolUtiOn form, the slope density formula!'. that is now used applying to lands that are greater than 10% in average slope, also, a provisidn to require~in every cas% Design Review Approval of a hillside lot. There was some concern expressed about a property owner or subdivide~ having a ~etatively steep piece of property (at least 10% or better) and that he could, byTbuying adjacent property of a lesser slope, average ouththe slope to obtain a better development pattern on the property and leaving the steeper land for open-space or whatever; however, the actual penalty to acquire flatter land is to the property owner/developer and not to the City. If the developer does acquire flatter land the City has every control even if the developer were to reduce the average grade tO the total properties.? The Planning Commission has every~ control over where the buildings will be located and what amount of open- space is required. Commissioner Marshall stated that in terms of computing the number of residences the developer (Painless Parker as a case in point) could hypothetically ~~'rdn out the flat land and thereby lower his slope and increase the number of houses in the development by reducing the square feet per unit in an acre. Commissioner Smith moved, seconded by Commissioner Marshall, to close the public hearing at 8:45 P.M.; motion carried unanimously. Commissioner Smith moved, seconded by Commissioner Marshall, that the draft of the proposed Ordinance Amendment to Ordinance NS-5, Section 10 be approved, as amended, and forwarded to the City Council as the recommencation of the Planning Commission; motion carried unanimously. C. C-171 - Mel DeSelle, Fifth Street - Request for Change of Zoning from "R-M-3~000" (Multi-Family Residential) to "C-C" (Community-Commercial) The Secretary stated there was nO reason to open this public hearing and he would recommend that this request for Change of Zoning be referred to the 'General Plan for review and a recommendation as soon as possible. No one else present wished to comment relative to this matter. Chairman Lively did not open the hearing relative to C-171, referred the matter to the General Plan for review, and directed the matter continued to the next regular meeting. -3- Planning Commission Minutes - November 12~ 1973 - Continued III. BUILDING SITES AND SUBDIVISIONS A. SDR-1054 - Roy Anderson, Saratoga Avenue - Building Si~e Approval - 2 Lots - Continued from August 27, 1973 The Secretary reconunended that this matter be continued to the next regular meeting to await the reaction of Flood Control rela- tive toT~hl~bject request for'building-site approval. Chairman Lively so directed. ~ B. SDR-1075 - T & F Development, Big Basin Way and 4th Street - Building Site Approval - 1 Lot - Continued from October 23~ 1973 The Secretary stated that this applicant did review the proposed conditions of approval and expressed satisfaction with same. Commissioner Smith recommended that the word "living" in condition "P" of the Staff Report dated November 12, 1973 relative to SDR-1075 be changed to "occupied". Commissioner Smith moved, seconded by Commissioner Marshall, that the Staff Report dated November 12, 1973 be.adopted, as amended, and that the tentative map (Exhibit "A", filed November 12, 1973) be approved subject to the conditions set forth in said report; motion.carried unanimously. C. SDR-1076 - Almaden Development, Big Basin Way and 4th Street - Building Site Approval - 1 Lot - Continued from October 23~ 1973 The SeCretary stated that the applicant reviewed the proposed conditions of approval and expressed satisfaction with same. Commissioner Smith recommended that the word "living" in condition "S" of the Staff Report dated November 12, 1973 relative to SDR-1076 be changed to "occupied". Commissioner Smith moved, seconded by Commissioner Marshall, that the Staff Repozt dated November 12,. 1973 be adopted, as amended, and that the tentative map (Exhibit "A", filed September 12, 1973) be approved subject to the conditions set f.orth in said report; motion carried unani- mously. D. SDR-1079 - Southland Corporation (7-11 Food Stores), Big Basin Way - Building Site Approval - 1 Lot -'Continued from October 23~ 1973 The Secretary read a letter received from Mr. John Pi Preston, Realtor representing this applicant, requesting that the Planning Commission make a recommendation relative to this matter since all the requirements of the City have been met by this applicant. The Secretary then explained that it is necessary for the applicant to grant the Planning Commission an extension if this matter is to be continued since the time-limit On the tentative map will expire prior to the next regular meeting. Additional time will be needed for review of this matter since the City Council.is looking into the possibility of using this property as a municipal parking~lot. Mr. Preston stated that it was unfair to ask this property owner to grant a further time extension to this applicant and the City since the mattter has been postponed several times already. Commissioner Smith moved, seconded by Commissioner Marshall, that the request for Building Site Approval in connection with SDR-1079 be denied unless a letter of extension issubmitted to the City by the ~ applicant prior~to November 15,' 1973'; moti0n'Carr~ed'unanimouSly. -4- Planning Commission Mi~ - November 12~ 1973 - III. E. SDR-1081 - James Dyer~ Vessing Road - Building Site Approval - 4 Lots The Secretary stated7 that the applicant r"eviewed the propose'd'~'6~d'£~io'~ of approval as listed in 'the Stzaff REport da~ed November 12, 1973 and expressed satisfaction with same. Mr. Dan Trinidad, Assistant Director of Public Works, stated that the problem of access to the adjacent four (4) acre parcel has been studied and it was found that the street is located in such a way that it may be extended to serve four (4) future sites to the north by having a cul-de-sac going into the four (4) acre parcel. A condition should be added to the Staff Report as follows: "The parcel bounded by the road and the adjoining McKenzie property must be deeded to the McKenzies." Commissioner Smith stated that the map should be revised to recognize the suggested change. Mr. Trinidad further stated that there is approximately ~-foot of side slope across the cul-de-sac so that it would be a balance cut-fill Situation so that there would be as much as a 3~-foot cut on one side and a 3~-foot fill on the other. Her. then stated, in answer to an inquiry from Commissioner Belanger, that there would be no improvements on Vessing Road at this time unless we 'consider the portion that has direct frontage to this site. Mr. McKenzie, adjacent property owner, was present and stated that the only objection he has to this proposal is that the cul-de-sac is practically at his back door and he would like to see it moved either to the right or to the left. Mr. Herbert F. Killmeyer, land surveyor~I, stated that the map was drawn and this development was designed for the best possible location to fit the topography of the surface of this land. Chairman Lively explained that the adjacent neighbor feels that if the cul-de-sac were moved to one side or therother this development may be less disturbing to him. Commissioner Marshall explained that the' basic problem is that in order to gain access to Parcels "B", "C", and "D" the cul-de-sac is going to have to be at the location shown. Mr. Dyer' explained that this property was surveyed about thirteen (13) years ago and the McKenzie house is. at least 50-feet away from the property line. Chairman Lively directed the matter continued to the next regular. meeting and referred the matter back to the Subdivision Committee for further study. Fo SDR-1083 - Frank Schillace~ 'Upper Hill Drive - Building Site Approval - 1 Lot The Secretary recommended that SDR-1083 be continued to the next regular meeting to allow time for map revisions and further review by the Staff. Chairman Lively so directed. G° SDR-1084 - Guthrie Swartz~ Pike Road - Building Site Approval - 1 Lot Commissioner Smith explained that the Subdivision Committee did meet with this applicant and he (the ~applicant) is trying to get a group of Pike Road residents together to form an Assessment District, but that has not yet been accomplished to date.i:. The Secretary recommended that~,the item labeled "Deferred Improvement Agreement~Y at the end of"!t~-- ~af'f~,~R~g~;.,t be deleted. Planning Commission Minutes - November 12, 1973 - Continued III. G. SDR-1084 - Continued Commissioner Smith moved, seconded by Commissioner Marshall, that the Staff Report dated November 12,. 1973 be adopted, as amended, and that the tentative map (Exhibit "A", filed October 29, 1973) be approved subject to the conditions set forth in said report; motion carried unanimously. Mr. Swartz Stated he would like to request a. reconsideration of condi- tions II-D and II-E of the Staff Report dated November 12, 1973. Chairman Lively explained that the applicant could submit this request in writing and the Cormnission will consider same under the written communications section of the agenda. RECESS AND RECONVENE IV. DESIGN REVIEW A. James Ao RodriSues~ Woodbank Way - Final Design Review Approval of Single- Family Residence - Continued from October 23~ 1973 The Secretary read the Staff Report dated November 12, 1973 recommending that the eastern sideyard setback be increased from the proposed 25-feet to 50-feet. The applicant was present and stated that 1) last week he presented himself to the Design Review Committee and this matter was discussed and 2) he did submit a drawing to the Staff. The Secretary stated that the subject drawing shows the different h~ight relationship between two-story structures with the amount of .... ~cut proposed and the roof p~tch proposed in relationship to one-story !structures built at grade at the 20 to 25-foot setback and the height differential with different roofspitch. Commissioner Marshall stated that he would like to see less cut and fill Good plahning would require that a house not be built on the perimeter of a lot. This applicant wants to build his house (which looks like a rather imposing structure) high in the air - it would be unfortunate if the next person higher up wanted to do the same thing. Mr. Rodrigues explained that a 3,000-square foot house is really not such an imposing structure by City of Saratoga standards. The City Ordinances have been complied with; therefore, there is no real reason this matter should not be approvedo Chairman Lively stated that the Pianning Commission has been trying to create privacy and prevent additions that destroy the privacy of pre~ existing residents; therefore, it:may be more prudent to have more setbacks than originally proposed and that is the reason the Staff Report recommends a 50-foot sideyard setback. Commissioner Woodward stated that she would like to hear what the neighbors have .to say about the proposed construction of this residence. Mr. Bob Falendorf, closest neighbor, stated that 1) he did talk to this applicant and looked at sketches relative to the proposed structure 2) he does have some hesitation and reservation relative to the grade of the Rodrigues property 3) he has about a 45 to 50-foot area from the property line 4) his terrace is flat and the Rodrigues property tips and changes every few feet 5) he does not feel that you can judge a house from one section 6) he realizes the Rodrigues property is a diff.icult piece with no easy solution he can think of 7) when building ~ouse on a slope " zsu~h as the one proposed a current and up-to~date~ survey and map should Be made available and 8) he would not like to see a house located too close to his residence. -6- Planning Commission Minutes - November 12, 1973 - Continued IV. A. Rodrigues - Continued The Secretary explained that the plans submitted so far have not been prepared by and engineer or a surveyor. Commissioner Smith recommended that elevation drawings from an architect should be submitted. Commissioner Marshall moved, seconded by Commissioner Belanger, that the matter be referred back to the Design Reyiew Committee for further study and review; motion carried unanimousl~" B. A-4t9 - T & F Development Co., Big Basin Way and Fourth Street - Preliminary Design Review - Commercial Buildin8 - Continued from October 23~ 1973 The Secretary recommended that A-419 be continued to allow time for further review of the parking layout and building relationsh~.~ as they relate to other areas in the Village. Chairman Lively directed A-419 continued to the next regular meeting. C. LandsCapin8 and Fencing Policies re Planned Community Developments - Continued from October 23~ 1973 The Secretary recommended that the attorney representing the residents of the "P-C" development affected by the subject landscaping and fencing policies has requested that this matter be continued to the next regular meeting in order to allow ~e for additional review of the standards introduced by the.Chairfnap of. the Design Review at the last meeting of the Planning Commission. D. A-401 - Julian P. Henry, Quito Road - Final Design Review - Commercial Building The Secretary read the Staff Report dated November 12, 1973 recommending that Final Design Approval be granted for A-401. Commissioner Belanger moved, seconded by Commissioner Woodward, that the Staff Report dated November 12, 1973 relative to A-401 be adopted and that Final Design Approval be granted for the proposed commercial building as shown on Exhibit "X-2" subject to.the conditions listed in said report; motion carried unanimously. E. A-415 - Beth David Synagogue, Prospect Road - Revision Final Design - New Synagogue Building The Secretary read the Staff Report dated November 12, 1973 recommending that the requested modification of Final Design Approval be granted. It was recommended, after considerable discussion, that condition (d) of the report be amended to read as follows: "(d) All required parking~spaces for the first phase of construction to be paved, striped and shall be landscaped as per City of Saratoga requirements." and that condition (e) be delet~dlin its entirety and that condition (f) · be changed to read as follows: "(f) Provide plantings along Ascension Drive and Scully Avenue (the latter to supplement existing Eucalyptus trees) as per City of.Saratoga requirements." Commissioner Belanger moved, seconded by Commissioner Matteoni, that the Staff Report dated November 12, 1973 relative to A-415 be adopted, as amended, and that.a modification of Final Design Approval of the Beth David Synagogue be granted as shown on Exhibits "E" and "F" subject to the conditions set forth in said report; motion carr~ed~f~"'Ch~i~, Lively voting "no". Planning Commission Minutes - November 12, 1973 - Continued IV. F. A-391 - George W. Day Construction Company, Fruitvale Avenue - Final Design Review - Single-Family Residence - (Lot #1~ Tract 5327) Commissioner Belanger recormnended that this matter be continued to the m. ext regular meeting and referred' back to the Design Review Committee for further study. Chairman Lively so directed. Go A-39]. - George Wo Day Construction Company, Fruitvale Avenue - Final Design Review - Single-Family Residence - (Lot#21~ Tract 5327) The Secretary read the Staff Report dated Novemberl. 12, 1973 relative to A-391 recommending that Final Design Approval be granted for the house on Lot #21 of Tract 5327. Commissioner Belanger moved, seconded by Commissioner Matteoni, that the Staff Report dated November 12, 1973 relative to A-391 be adopted and that Final Design Approval be granted for the house on Lot #21 as shown on Exhibit '~" subject to the condition contained in said report; motion carried unanimously. H. A-418 - Kocher-Ty~er, Big Basin Way and 5th Street - Final Design Review - Commercial Building Chairman Lively summarized the contents of the Staff Report relative to A-41~8.' dated November 12, 1973 recommending Final Design Approval for the commercial building proposed by the applicant. Commissioner Belanger moved, seconded by Commissioner Woodward, that the Staff Report dated November 12, 1973 relative to A-418 be adopted and that Final Design Approval be granted for a commercial building as shown on Exhibit "A-I" subject to 'the conditions stated in said report; motion carried unanimously. I. A-421 - Saratoga Foothills Development Corp., Big Basin Way and Sixth Street - Final Design Review - Condominium I.D.Sign The Secretary read the Staff Report dated November 12, 1973 relative to A-421 recommending that Final Design Approval be granted for a temporary identification sign. Commissioner Belanger moved, seconded by Commissioner Woodward, that the Staff Report dated November 12, 1973 relative to A-421 be adopted and that Final Design Approval be granted for the temporary identification sign as shown on ExhiBit "A" subject to the conditions stated in said report; motion carried unanimously. J° A-422 - Saratoga Foothills Deveiopment Corp., Saratoga Avenue~and Shadow Oaks Way - Final Design Review - Subdivision I.D. Sign The Secretary read the Staff Report dated November 12, 1973 relative to A-422 recommending that Final Design Approval be granted for sign. Commissioner Belanger moved, seconded by Commissioner Woodward, that the Staff Report dated November 12, 1973 relative to A-422 be adopted and that Final Design Approval be granted for the subdivision identification sign as shown on!._Ekhibit "A" subject to the conditions stated in said report; motion carried unanimously. V. ENVIRONMENTAL IMPACT REPORTS None VI. MISCELLANEOUS ITEMS A. Review of Urban' Service Area Plan for LAFCO The Secretary stated that LAFCO Is asking that each City respond to a request for a review of their Urban Service Areas by November 28, 1973. -8- Planning Connnission Minutes - November 12~ 1973 - Continued VI. A. Urban Service Area Plan - Continued The Secretary further stated that' the map of the City of Saratoga Sphere of Influence is on display for the Commission to review. The Staff recomm~nds"~-thatno changes be proposed for the City's Urban Service Area (USA) at this time based on the six (6) reasons stated in the Staff Report dated November 2, 1973. Although, there have been requests to make changes it is still felt there is no merit in changing the boundaries of the USE. It is not feasible that these areas will develop in the next five (5) years and it would not be wise to include an area which is right on the edge of the terminus of the USA. Until a tentative map is submitted to show that:~utilities, access and services can be provided the USA should not be expanded. It is recommended that the Planning Commission adopt the Staff Report dated November 2, 1973 and forward same to the City Council and that expansion of the City of Saratoga USA remain fixed during 1974. Commissioner Belanger stated that she felt the Staff has done a very good job in analyzing the Urban Service Area Plan and in preparation of the report. Commissioner Marshall moved, seconded by Commissioner Belanger, that the Staff Report dated November 2, 1973 recommending against the expansion of the City of Saratoga Urban Service Area be adopted and forwarded to the City Council as the recommendation of the Planning Commission; motion carried unanimously. B. Almaden Dev. Corp.~ Oak Street - Request for City Abandonment of a Portion of Fourth Street - Continued from October 23, 1973 The SeCretary stated that the applicant has submitted a tetter"~requesting that the subject request be withdrawn. Commissioner Smith moved, seconded by Commissioner MarShall, that the request for withdrawal be approved and that further deliberations relative to City Abandonment for a portion'of Fourth Street cease; motion carried unanimously. C. John Vance - Request for Reconsideration of Conditions Allowing 50% of Residences to be Two-Story Chairman Lively recommended that this matter be continued off the agenda until the developer of the property in question maked the appropriate applicationsfor Design Review Approval. D. Referral of Land Development Matter in Santa Clara County for Stanley R. Lee, McGill and Bohlman Road The Secretary explained that the Planning Director's report."d~'ted November 12, 1973 relative to this matter recommends that the Planning Commission give favorable comment to this referral subject to the 'feasibility of septic tanks and access 'to building sites. Commissioner Marshall moved, seconded by.Commissioner Belanger, that the Planning Director's report be adopted and forwarded to the City Council as the recommendation of the Planning Commission and that the recommendation of approval be based on the feasibility of s~ptic tank use in the area, access to the property, ~dequate domestic fire protection facilities, and water supply and that the homes selected for sites one (1) and two (2) be located off of Skyline"Blvd.;.motion carried unanimously. Planning Commission Minutes - November 12~. 1973 - Continued VI. E. Ambric Knolls Road in Tollgate Subdivisi~ - Fire Access Road The Secretary stated that it is his recommendation and that of the Subdivision Committee that the Planning Director be directed to contact the petitioners in this matter and inform them that since this is a private road there is no way for '~he City to retain and require it to remain in its present state and location. The petitioners would have to acquire permanent. access over the sukj.ect minimum access road from Ambric Knolls Road to Bank Mill Road-/ F o SDR-1034 - John Kirkpatrick, Pike Road - Request for Reconsideration of Conditions The Secretary explained that a revised report relative to SDR-1034 has been prepared. Commissioner Smith moved, seconded by Commissioner Marshall, that the revised Staff Report dated November 12, 1973 be adopted and that the tentative map (Exhibit "A-i", filed April 30, 1973) be r-.eapproved subject to the conditions set forth in said report; motion carried unanimously. G. Tract 5384 - James Day, Woodbank Way - Relocation of Emergency Access Easement The Secretary recommended that this matter be referred to the Subdivision Committee and Staff for discussion with the applicant andi interested property~ ?' owners ~'f'fe~d' by the relocation of the easement. Chairman Lively directed the matter continued to the next regular meeting and referred the matter as reco~anended. H. SDR-1084 - Guthrie Swartz, Pike Road -.ReqU~st"fOr .Re~oBside~ation of Conditions The Secretary stated that the applicant has submitted a written request for reconsideration of the conditions II-D and II-E of the Staff Report dated November 12, 1973. Commissioner Smith moved, seconded by Commissioner Marshall, that the request to modify these conditions..~{~'d' b,y the Planning Commission and a recommendation for denial be ~orwarded to the City Council; motion carried unanimously. VII. COMMUNICATIONS A. WRITTEN Old Stone Wall on Saratoga-Los Gatos Road The Secretary read a request received from Thomas A. Tisch of 14735 Aloha Avenue requesting preservation of the old stone wall on Saratoga-Los Gatos Road at the intersection of Aloha. Avenue and that it not be destroyed for the purpose of accommodating a bike path. Commissioner Matteoni explained that the Bike Committee will meet on November 27 and this matter could be discussed at that time. Commissioner Belanger stated that she for one would not like to see anything happen to endanger this wall unless it were considered hazardous to life and limb. It seems if a bike poa'~h.~i'~ is necessary in this area the other side of the road could be utilized. Commissioner Matteoni stated it was his understanding that'!L~he plan was not to destroy the wall but to only~'-~nodify the top. -10- Planning Commission Minutes - November 12, 1973 - Continued VII. A. Stone Wall - Continued Mr. Trinidad explained that even the reduction has been reduced until the visual effect will be almost!nothing. The bike path will be either depressed behind the walls or on top of it.' ',=.Commissioner Marshall stated he is in favor of seeing the wall preserved. Chairman Lively referred the matter to the Bike Committee for further review and a report at the appropriate time. Church of Latter Day Saints - Ball Diamond The Secretary explained that the. Church of Latter Day Saints request a modification of their original plan to allow a ball diamond to the rear of their property. It will be a. minimal change in their' plans, but due to the impact on other properties the Planning Commission must determine whether they want to review the Use Permit; therefore, requiring a public hearing on the matter. Chairman Lively recommended that a public hearing be scheduled to review a modification of the existing Use Permit for this facility. B. ~OP~L Urban Development-Open.Sapce ~laTfoTSan~Cl~ County i The Seqretary statedthat this matter will be ready for review by November 26, 1973. Plannin8 Commission Meeting Date The Secretary stated that in compliance with the Planning Commission request he would proposed an alternate Planning Commission meeting dates of the second and fourth Wednesdays of each month. If this were agreeable a procedural resolution would have to be passed by the Commission. Guests Chairman Lively acknowledged, with pleasure, the presence of Ruth Owen and Jay 7S'i'tn'~yof'Ch~G~d'Government G~'8'dp ~d'M~'R~b'~f'FT'Be~"C'i~"Manager. He,~ also, thanked Mt~. Owen for' Eh~ coffee served at recess. VIII. ADJOURNMENT Commissioner Smith moved, seconded by Commissioner Matteoni, that the meeting of November 12, 1973 be adjourned at 12:05 P.M.; motion carried unanimously. Respectfully submitted, Saratoga Planning Commission j