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HomeMy WebLinkAbout06-09-1976 Planning Commission Minutes CITY OF SARATOGA PIA~rNING COM}ffSSION MINUTES DATE: Wednesday, June 9, 1976 - 7:30 p.m. PLACE: City Council Chambers - 13777 Fruitvale Avenue, Saratoga, California 95070 TYPE: Regular Meeting I. ROUTINE ORGANIZATION A. ROLL CALL Present: Commissioners Belanger, Callon, Laden, Lustig, Marshall and Zambetti Absent: Cormnissioner Martin B. MINUTES Conmissioner Marshall moved, seconded by Commissioner Callon, that the read- l~ng.~ ~e planning commission meeting minutes of ~y"2'67'rg'76 be waived, and that they be'appr~ved'~s' di~trfButed t~"the c'~mni~si6n~- The motion was carried unanimously. II. TENTATIVE SUBDIVISION APPROVALS A. SD-1235 - George Day Construction Company, Mr. Eden Road, Tentative Subdi- vision Approval - 5 Lots (Expires June 21~ 1976) Staff noted that as a result of the g~ologic review of this site, the deter- mination was made that tentative map approval should not occur until a geo- technical report was ~repared. Additional note was made that a letter had been received from the applicant granting an extension of SD-1235 to the Planning Conmission meeting of July 28, 1976, and Staff reconmended this matter be continued to said meeting. Chairman Belanger directed SD-1235 be continued to the Planning Commission meeting of July 28, 1976, 'and re- ferred this item to the Subdivision Committee and Staff for further review. B. SD-1246 ~ Saratoga Foothills Development Corporation, Douglass Lane, Tenta- tive Subdivision Approval - 5 Lots (Expires June 21~ 1976) Staff explained that the location of the turn-around had not as yet been determined, and the request was made that this matter be continued.pending further review. ~As note was made that ~his~applica~0n.w0ul~ expire June 21, 1976, Commission~'M~Shal~'~oved,'~co~ded by Commissioner'Callon, that the Planning commission deny application SD-1246 subject to-receipt of a written extension to the Planning Commission meeting of June 23,"'1976'." The motion was carried unanimously. ~ IIi. PUBLIC HEARINGS A. UP-307 - Thomas Hong, 19308 Zinfandel Court, Request for Use Permit to Allow for the Construction of a Fence in Excess of 6 Feet in Height for the Purpose of Enclosing a Tennis Court (Ordinance NS-$~ Section 3.7-1); Continued from Ma~ 26~ 1976 Staff noted that a Report had been prepared on this matter recommending approval, and that the application had been ~eviewed by the Subdivision Committee. Commissioner ~rshall~c~_mme~ded_tha~ Condition (2) of the Staff Report be amended to read: (2) Opaque screening of tennis court fence is prohibited. Commissioner Marshall stated that as chairman of the Subdivision Comnittee he was personally satisfied that everything was in order for this application, and recommended the Commission grant approval to UP-307% He explained that -1- COMMISSION }~NU~S dF JUNE 9 1976 III. A. UP-307 - Thomas Hong - Cont'd on one side of the tennis court, grading was such that the fence was only 6 feet high and the grade from the top of bank to the tennis court finished grade was 4 feet, thereby creating a lO-foot fence. Further, he noted that at the other end of the tennis court the fence was 10-feet high, but that the setback was su'hh that the court fell properly within the setback re- quirements of the Zoning Ordinance. Mr. Burr added that the tennis court was graded at the time the building pad was graded, and that there had been no grading activity since that time. Chairman Belanger opened the public hearing on UP-307 at 7:41 p.m. }~. Hong, the applicant, was present but offered no comments. As there,was no testimony given on this item, Cormuissioner Marshall moved, seconded by ..... Cormuissioner Zambetti, that the Planning Commission close the public hearing on UP-307. The motion was carried unanimously, and the public hearing was closed on UP-307 at 7:42 p.m. Connuissioner Callon moved, seconded by Commissioner Marshall, that the Planning Conmission grant approval to application UP-307 per Exhibit '~" and subject to the Staff Report dated June 3, 1976, as amended. The motion was carried unanimously. IV. DESIGN REVIEW A. A-532 - Eldred Kunkel Associates, Comer Drive, Final Design Review Approval - Lot #4, Tract #5693 Note was made that the Design Review Committee reviewed this matter on June 1, 1976, and that a Staff Report had been prepared recital,ending approval. Commissioner Lustig moved, seconded by Commissioner Laden, that the Planning Commission grant approval to application A-532 per Exhibit '~" and subject to the Staff Report dated June 1, 1976. The motion was carried unanimously. B. A-526 - Jerry Lee Harris, Cox Avenue, (Quito Shopping Center), Final Design Request Approval - Conmercial Expansion~ Continued from May 12~ 1976 Staff explained that the Building Department was in the process of scheduling a public hearing before the City Council for condemnation of the structures identified in this application. Consequently, Staff pointed out that it was not appropriate at this point for the Commission or Staff to further pursue Design Review. However, the request was made that this item be continued. Chairman Belanger directed A-526 be continued to the Plarming Commission meet- ing of July 14, 1976, and referred this item to the Design Review Coumnittee and Staff for further review. C. A-527 - Bill Cardia, Chiquita Way~ Final Design Review Approval - 1 Lot Staff noted that several significant errors in the grading plan submitted had been identified, and the recommendation was made that this itembe continued pending further review. Chairman Belanger directed that A-527 be continued to the Planning Commission meeting of June 23, 1976, and referred this item to the Design Review Committee for further review and report. D. A-528 - Geraldine Gamaunt, Cox Avenue (Quito Shopping Center), Final Design Review Approval - Commercial Expansion Staff noted that this matter was reviewed by the Design Review Coum~ittee on June 1, 1976, and the determination had been made that part of the use of this business was being conducted out of doors, which was a violation of the Zoning Ordinance. Staff reported that it had recommended to the applicant at the Design Review Committee meeting that either the out-of-doors use be enclosed or eliminated, and stated that it was now waiting for a response from the applicant on this recommendation. Ms. Gamaunt, the applicant, was present and stated that the use was an outdoor garden aviary ~hich could not be enclosed. -2- COMb~SSION }fINUTES OF 1976 ......... ~- ......... IV. D. A-528 - Geraldine Gamaunt - Cont'd It was determined that this matter should be addressed at the Design Review Committee meeting of June 22, 1976~' ~_Chairman pelanger direg~ed.~-5~!..be continued to the Planning Commission meeting of June 23, 1976 and referred same to the D~eSign Review Committee for further review. ii'. E. A-531 - ~lant World, Cox Avenue (Quito Shopping Center), Final Design Review Approval - Conmercial Expansion Staff recou~L~ended this matter be continued pending further review. Chairman Belanger directed A-531 be continued to the Planning Commission meeting of June 23, 1975, and referred same to the Design Review Cou~,~ttee for further review and report. F. A-529 - W.C. Garcia and Associates, Inc., Saratoga-Sunnyvale Road, Final Design Review Approval - 1 Lot - Commercial Staff noted that this item, as well as application A-530, were jointly con- sidered by the Design Review Committee on June 1, 1976, and that the conceptual aspects of both projects were endorsed by the Committee. Staff reported that it was formulating a list of specific details ~ahich would require further consideration by the applicants and subsequent review by the Commitee, and it was recommended this item be continued. Additional note was made that Staff was also waiting for the findings and recommendations of the EIR being pr~red on this project_-for further input as to architectural and site planning considerations. Chairman Belanger directed A-529 be continued to the Planning Commission meeting of July 14, 1976, and referred this matter to the Design Review Committee for further review and report. G. A-530 - Ira Kirkorian, Saratoga-Sunnyvale Road, Final Design Revi~ Approval 1 Lot - Commercial As this item is being considered in concert with A-529, Chairman Belanger directed A-530 be continued to the Planning ConmLissionmeeting of July 14, 1976, and referred same to the Design Review Committee for further review and report. V. MISCELLANEOUS A. UP-300 - Gerald and Patricia Renn (G.N. "Jerry" ReD_n, Inc.), Marion Avenue, ResolUtion for Use Permit to Allow the Continuation of a Non-Con- forming Commercial Use in a Residential Zoning District Staff noted that Resolution UP-300-1 had been prepared by Staff as r~quested by the Planning Commission at its meeting of }~y 26, 1976 reflecting the con-' ditions contained in the amended Staff Report dated ~y 26, 1976. Staff fur- ther noted that a letter dated June 8, 1976 had been received from the Renn's ___expr~i__ng_th_e_f_O.~!o!~ng_; '~e sincerel~_~gp_e_y~_do not c~t .QUr_~ontinuation period down any further than 7~ years. At this time it would present an ex- treme hardship on our family-owned corporation as our other two locations are not suitable for our ~nole business operation. We hope to use the remaining 7 years to consolidate our business in one locationsland still hope to keep ~r_Marion_Av~nue_home.__This_has_b_een_Renn_land_f~r 4O_y~s_and we do ..to continue living here." Considerable discussion followed on this resolution, with the following comments being made: e--C~i~fO~f'M~Bh~II'~l~i~'~h~f'h~h~d~eques~d'S~f~'t6'~llUstra~e the amount of undeveloped area along }~rion Avenue in an attempt to deter- mine wh~ther the character of the residential neighborhood would change much over the next 5-10 years. Staff sh~ed a map depicting the remaining non-Renn property which could still be developed, and the note was made --~h'~t~ha~617mYlots codl'd'b~d~l~'d'~l~g Marion Avenue. COMb~SSION MINUTES OF 1976 V. A. UP-300 - Gerald and Patricla Renn - Cont'd · Commissioner Lustig stated that he felt paragraph (4) of Exhibit A was dis- tasteful insomuch as he could not vote in favor of forcing the cessation of an existing business. As a result, he suggested that UP-300-1 be adopted with the exclusion of paragraph (4) of Exhibit A, with a period of 5 years and an option that every 2~ years the use permit be issued for an additional 5 years. He explained that this would be on the same principal as the Williamson Act continuing contracts. 'Commissioner }~rshall sympathized with Commissioner Lustig's relunctance to accept paragraph (4), but added: "I don't personally agree with that para- graph although I can understand the logic behind it. The ordinance allows for the Planning Con=nission at a later date to review the use permit and if they_ in their judgment find it in the best interest of the City to extend the use permit, they can. They also have the option of terminating it at an earlier date if conditions change." Con~nissioner Laden asked whether Commissioner Lustig's suggestion was feasi- ble under the ordinance. The City Attorney stated that ~he suggestion was possible but that he fel't it flouted the philosophy of the ordinance. He stated: "First of all the ordinance provides that non-conforming uses should be terminated within one year; and that the Planning CouEnission has the authority at the time of the hearing to grant beyond the one-year period in the event they find unusual circumstances to permit it. The way this is drafted, it even permits the Planning Commission at any .time within the time period to make certain findings to extend it beyond that period." ConEnissioner Marshall stated that he felt this would be contrary to the City's policy which was reflected in the General Plan as a cessation of all non-conforming uses. Chairman Belanger agreed ~ith this position, stating that she also felt a rolling-type use permit did not speak to the intention of the non-conforming use ordinance, which was to eventually phase out all non-conforming uses'. · Commissioner Marshall expressed concern over the findings expressed in Exhibit B, particularly Finding #2 relative to the proposed location of this use being in accord with the specifics of the Zoning Ordinance. He stated that he could not vote in favor of this use permit because he could not personally make the findings specified in Exhibit B. Chairman Belanger stated that she also had difficulty in making the findings of Exhibit B, but added that she could vote in favor of the use permit if the time frame was shorter. Chairman Belanger pointed out that there was pressure on all of the undeveloped land within the City~ to develop, and she felt that land ~l~"~fi~'~' Avenue Was ~h'~h~ it ~0~l'd"'b~e~l'~ped prior to the expira~ tion of this use permit, therefore changing the existing character of the residential neighborhood. The Secretary pointed out that on a temporary basis the City was accepting this use as a conditional use which the City would allow to continue until such time as it could adequately be phased out. · Relative to the time frame of this use permit, Commissioner Callon stated that she preferred giving the Renn's a longer period of time with the intent that this operation cease at a particular time' in the future. She stated that this wax the Renn's ....... . , as well as the .adjoining neighbors, would '- 'have firm guidelines under which :to operate. Commissioner Zambetti agreed, and as such moved, seconded by Connnissioner Callon, that the Planning ConEnission adopt Resolution UP-300-1 for a period of 10 years and with the deletion of paragraph (4) under Exhibit A. Considerable discussion followed on the deletion of paragraph (4), the condition requiring the Renn's to sign a cessation agreement. Concern was Cit ' expressed that it was not the y s intention to phase out non-conforming uses immediately, but rather phase them out if it was necessary. The 'po{nt was made th~ t~e non-~onfonning use ordinance specified that all non-conforming uses should be phased out ~ithin one year from the date of the ordinance; however, it gave the City authority to extend the period of time in which the non-conforming use should Be phased out. Consequently, -4- ,COMMISSION }~v0TES 0F J~ V. A. UP-300 - Gerald and Patricia Renn - Cont'd the point was made that when the use permit expired, it could again be re- viewed by the Planning Con~nission with consideration given to a renewal if all of the necessary findings could be made. C~i~ioner Callon stated that she was not concerned about paragraph (4)"insomuch as the use permit could still be considered for r~newal at the end of 7~ years. She stated: 'but in today's terminology we are issuing a warning that we expect cessation of business according to the number of years we put in our resolution. Therefore, I want to go for as many years as I think is reasonable for them rather than a small number of years." At this time the vote was taken on Commissioner Zambetti's motion: Commissioners Zambetti, Callon and Lustig voted yes; Commissioners Belanger, Laden and Marshall voted no. As there was a split decision on the previous motion, Commissioner Zmubetti m~ved, seconded by C~m~Lissioner Callon, that the Planning Commission adopt Resolution UP-300-1 for a period of 7~ years ~qith the deletion of paragraph (4) under Exhibit A, The motion was not passed: Connnissioners Zambetti, Callon and Lustig'voted yes; Commissioners Belanger, Laden and Marshall voted no. Connulssioner Laden suggested that a mandatory review of this use permit ~ithin 5 years be a condition for use permit approval, expressing concern over the safety factors involved with a use of this nature in a residential zone. Accordingly, Commissioner Laden moved, seconded by Commissioner Lustig, that the Planning Commission adopt Resolution UP-300-1 for a period'of '7'~ years ~'i~'~ a mandatory revi~¢ period of 5 years, and with the deletion of paragraph (4) .... under Exhibit A. The motion was carried: Commissioners Laden, Lustig, Callon and Zambetti voted yes; Commissioners Belanger and }~rshall voted no. Resolution UP-300-1 was amended by deleting paragraph (4) under Exhibit A, and by adding the following sentence to the second paragraph U~der Exhibit A: "In all events there-shall be a mm~datory review 5 years from date hereof." Coumassioner Marshall explained that his no vote was based on the fact that he was unable to make the findings of Exhibit B, specifically Findings #2, #3 and #4. The City Attorney pointed out that Findings #2, 3 and 4must be met under state law in order for the Coumassion to g=ant any use permit or variance, and that Findings #1 and ~5 were peculiar to non-conforming use permits. He stated: "If you make:a finding, the only way a court could over- turn it would be if you exercise an abuse of'discretion. YoU do not'have an abuse of discretion if the matter i~ fairly debatable., and_you have been fairly___ --debatable on this matter." Connnissioner ~rshall stated that this definition of w~hat a court would consider reasonable was adequate explanation for him with regards to making ~e necessary findings for non-conforming use permits. C~issioner Lustig suggested that the cessation clause (paragraph 4) be deleted henceforth from all non-conforming use permit resolutions. Chairman Belanger stated that she only considered voting in favor of deleting paragraph (4) as a compromise if the time period had been 5 years. Commissioner Laden agreed with Commissioner Lustig pointing out that these non-conforming uses had been in business for a number of years and had been contributing to the City in a variety of ways. She stated: "I think that we should be able to use our o~n judgment or use the ordinance to control their continuation of business ra~her than putting a cessation date on the permit." Commissioner }~rshall argued that insomuch as the City Attorney was called upon to draft these resolutions, he would have no problem in deleting conditions therefrom if he disagreed. Consequently, tommissioner b~rshall stated: "Therefore I would rather Mr. Johnston be given license to prepare in proper legal form l~hat he thinks should be the resolution and let us chew on it, rather than tell him not to ever put that clause in again." -5- .~0~iSSION MI~tUTES OF JUh~ ~ -~'.V. B. SDR-1229 - Sylvia Jean,--Aspesi-DriVe,. Requ.eSt for VarianCe on MinimumAccess Road As background information Commissioner Marshall explained that application was being made for a land spli% and that an automatic variance for access was required for the existing 15-foot driveway which was proposed to service homes on Parcel A and on the proposed Parcel B. It was pointed out that the Land Development C~mf~ttee was not empowered to deviate from the Subdivision Ordinance and grant automatic variances. Consequently, this request was re- ferred to the Subdivision Co.m~ttee for review, and was agendized for Con~nis- sion consideration. Con~nissioner Marshall explained that if the Con~nission were to approve the tentative map on SDR-1229, it would constitute an automatic variance for the 15-foot minimum access road and would in effect legalize Parcel B. He stated that if the Commission were to deny said request, the matter would be referred to the Land Development Committee which in turn would be forced to deny SDR-1229. Within 15 days of any negative Land Development Con~nittee action, the applicants could appeal said decision to the City Council. Conm~issioner Marshall explained that this matter was reviewed by the Subdivision Committee meeting of June 8, 1976, he being the only member in attendance. Commissioner ~rshall stated that he had given ~s. Jean the option of con- tinuing her request until a full Subdivision Committee membership was present, but that she had elected to have this matter placed on the C~f~f~ssion's agenda of June 9th for action. Cormnissioner Marshall explained that when the Jean's initially made application on this parcel, the point was made by the Corm3ission that there was an oppor- tunity at that time to subdivide the parcel into Parcels A and B. He noted that the applicants elected at that time to proceed with approval for one~-Z_ parcel only. Additionally, Commissioner }~rshall pointed out that there were:2 accesses for this property: the 15-foot right of way from Aspesi Drive, and a private lane along the eastern side of the jeans' property. Relative to this private lane, he noted that a petition signed by 6 residents on said lane had been submitted to the Commission,requesting that no further develOpS.' ment of said lane be allowed. Commissioner Marshall stated that when this was discussed at the time of original application, access could have been taken from this private lane but would have resulted in the lane becoming a public street. Note was made that when the adjacent Dozier property was given tentative site approval, they had to offer for dedication land which which could eventually be accepted as a public street if development of the area required such. He further noted that the adjacent Anderson property could be subdivided into 2 lots, and stressed the fact that this private lane would eventually become a public street. Commissioner Marshall stated that he felt the key to the entire request was the development of the Anderson property: '~ere it to be developed it automatically is going to force that lane into being a pub~iC~ street. Under our ordinances, if they remain as they are now, that property cannot be properly developed any further than it is without the street becoming something other than what it is." Commissioner }~rshall outlined the applicants' options: (1) zThe Jeans could proceed ~ith efforts aimed at developing the primary access of this site; i.e., the private lane. He noted, however, that the residents of the private lane were opposed ~o-?-further development thereof because of the increase in traffic created and the fact that large trees along the lane would have to be removed. (2) An automatic variance for the 15-foot minimum access road could be approved by the Commission. He noted that the Fire Department had submitted a letter stating that they had no problem with said 15-foot access road; and noted that they required parking for 4 emergency vehicles, ~hich they had. Commissioner Marshall stated that he personally objected to granting this variance for the 15-foot minimum access road insomuch as it would set a precedent for future similar requests. He stated that he felt granting said variance would constitute ~he granting of a special privilege because it was not something that was normal to any other landowner in the district. At this point }~. Jean, applicant, stated: '~e chose to go with Parcel A at the time we built our house because we were interested in establishing a home -6- COMMISSION ~NUTES OF J~_~!~ ~ .... V. B_. 2SDR-1229 - Sylvia Jean - Cont'd for ourselves at that time. We got an opinion as=fro what would b~d .th'e..eas~'St way to go through ~ith it, and we were told that we should develop the one lot. ' That is the reason we situated the house the way we did." Chairman Belanger noted that when the initial application was granted, "I agree with Mr. Marshall that we urged you at the time that if you wanted to be sure of getting 2 lots, that you should make application then. Our voting for one lot was not in any way to imply that at some future date you ._ could get a sedond lot from it." }~. Jean agreed with this statement, adding that now they were applying for a variance in order tq get this second lot. Mr. Jean stated that his in- terpretation of a '~riance was that there was an exceptional circumstance involved, which he stated he felt this situation was; and that if the situa- tion was not detrimental to the public, the variance should be granted. He stated that they felt they had a very desirable location for Parcel B, and that 1/2 acre was as much land as they personally needed. He added: "As far as allowing the driveway to go through, I just don't see whether this is going to be a detriment to the public. It can only add positive things to the area. Ihe only other alte.rnative we have is the lane, and the neigh- bors do not wish to add 2 more houses to that lane. And I don't blame them. The way it is set up now with us using our own access, it kind of sets us off from that lane. We are not involved in the traffic and we are cc~npletely detached from the other area. If you add our land to the other lane, you are adding more houses. I talked to Mr. Anderson and he said there are problems in developing his land into 2 lots. So in the near future, he is not going to be doing anything with that land." Chairman Belanger stated: "But you are making the assumption that you have got the other lot coming. Having made that assumption then you are telling us that the people who live on that lane would not be too happy if you brought in another house. Therefore, in order for you to have this thing that you are assuming you ought to have, we should let you have this 15-foot road. As I remember, you sold us on the 15-foot road the first time around because you were only going to put one house on it." Commissioner Laden asked whether the Jean's had attempted to obtain a right of way through the other proper_t_y. _Mrs. Jean stated: '~We have discussed this with~the pe_ople who live on the lots, and as I said we feel that our property is a special piece of property. Our driveway is off of Aspesi. Aspesi is a much safer in and out for that particular prgperty, and adding another home which is supposedly an alternative would just create more ~_<: . ....._ traffic at an intersection that we feel is dangerous now."' ~. Jean added_ '~ha~h~ir property sat at a d'fff~e'~ elevation and was separated from the 'other pieces of property by 3 very large trees. He added: "And even if Anderson does' develop his land, that would not~ff~t us, and we are not g6ing to affect the development of his land." Commissioner ~rshall p~inted out that it was dialogued by the Commission at the time of the first application relative to what the alternatives were for the Jeans. He stated: "And the conment was mdde earlier that you were told at that time that you had a drive-way into a sin~gle-family residence. I would submit that whereas I would not be adament against Parcel B, I think that yo.u_are premature. The Anderson's property becomes the key for develop- ment ot-~_the lane. Unless and until the Anderson property develops and the City street situation is settled, you don't have _bu..t a single-family parcel." Mr. Jean rebutted this statement, pointing out that he was told that due to the zoning they could subdivide their property into two 20,000 square foot lots if they obtained a variance from the City for the minimum access road, if they received approval from the Fire District, and if they were able to take care of the flood control requirements. He pointed out that the Fire District had not objected to this road, and that the flood control problems had been taken care of. -7- ~ ~ COMMISSION MINUTES OF J~9, 1976 V.' B. SDR~1229 - Sylvia Jean - Cont'd Con~nissioner Lustig stated that he felt granting a variance in this instance would constitute a special privilege. He stated that granting a variance required a unique situation, in his opinion, where no other alternative way would be possible, and he stated that he felt this request should not be ~ranted~ At this point Commissioner Marshall moved, seconded by C~f~ssioner Lustig, that the Planning Commission deny application SDR-1229~s request for a minimum access road variance on the basis that it grants a special privilege for economic ":'2:' benefit only. The motion was carried unanimously. Chairman Belanger referred SDR-1229 to the Land Development Committee for further action, and advised the applicants that they could appeal the Coum~ittee's decision to the City Council ~ithin 15 days of the Land Development Committee's action. }~. Jean pointed out that Commissioner b~rshall was the only Commission member present at the Subdivision Committee, and he charged that Commissioner Marshall had influenced the Commission's ~f~%orable decision. Commissioner Marshall pointed out that he had offered to continue FIrs. Jean's request until all 3 members of the Subdivision Committee were present, but that Mrs. Jean had elected to have her request agendized for the June 9th Conmmission meeting. " He added: "I don't like the connotation that just because I was thereby myself that your wife did not have the opportunity to make any choice that she wanted to make." Chairman Belanger noted that the ConmLission decision ~ras made by all 6 Commissioners present and was not trnduely influenced by Commissioner b~rshall's opinion. Commissioner Callon voiced her reasons for voting against this request by stating that in her opinion a variance ~as granted only due to hardship cases. She stated that she was also concerned over future development in the City, adding: "I am facing that issue in a very small way tonight. There is one house on one parcel of land~ and I don't want to abet creating more houses in that area even when we are dealing with only one house." C. SDR-1174 - Thomas Foster, Horseshoe Drive, Building Site Approval - 1 Lot; Request for Chan~e of Conditions ___Staff explained that the applicant was requesting reconsideration of Conditions ........ - (A) and (B), specifically relating to Public Works Department requirements for road improvements. Note was made that this matter had been referred to the Public Works Department for review, and that a Report had been prepared by the Director of Public Works recou~f, ending changes in the conditions as re- quested. Staff pointed out that this had been reviewed by the Subdivision Committee, and that a revised Staff Report had been prepared reco~m~ending approval of revised Conditions (A) and (B), and with the addition of Condition (V). Con~issionerMarshall moved, seconded By Commissioner Callon, that the Planning__... Commission approve the revised Staff Report dated June 7, 1976 and Exhibit A-1 relative to application SDR-1174. The motionwas carried unanimously. VII. WRITTEN GOMMUNIGATIONS A. Environmental Impact Determinations'- There were no Negative Declarations filed between the period of May 27, 1976 and June 9, 1976. B. Other 1. Letter dated June 4, 1976 from Sue Kobata, 18754 Wood Dell Court, relative to the removal of a tree located in the middle of an access road by the Kobata's neighbor, FIr. Frank Rodriguez. The Kobatas were present, and ~xplained that plans for improving the ease- ment Between the Kobata~ property and the Rodriguez property had been submitted in 1973-74, and accordin~ to Mr. Kobata, reflected space in ~nich to plant a tree without interferring in~? the improvement.of._t_he easement. Accordingly, FIr. KObata stated t~at they planted a tree in the -8- · ..... CO}~ISSION MINUTES-OF J~ VII. B. WRITTEN COMMUNICATIONS - Cont'd easement for beautification purposes, and that Mr. Rodriguez personally pulled it out and replanted it on the Kobata property. Mr. Kobata complained that Mr. Rodriguez had no right to do this without his prior approval, and implicated that the plans themselves had been changed since the original submission. He contended that if the Commission approved the most recent plans~submitted by Fir. Rodriguez, they were liable for the removal of his tree. Staff explained that the only improvement plans submitted from Mr. Rodriguez were submitted in 1976. Further, that building site approval had been granted to Mr. Ro~riguez on March 24, 1976, with a condition included in the Staff Report requiring improvements of the 20-foot minimum access road running be~qeen the Kobata and Rodriguez properties. Staff additionally noted that this was a private easement and had nothing to do with the City. It was suggested that the Kobata's discuss this matter with Mr. Rodriguez. VIII. ORAL CO~UNICATIONS A. City Council Report - Conmissioner Callon gave a brief oral report of the City Council meeting of June 2, 1976. A copy of the minutes of this meeting is on file at the City's Administration office. B. Conmissioner Marshall gave a brief report of the recent West Valley College Governing Board meeting, explaining that the decision on whether to exempt the College from the City's use permit requirements had been continued. Council- woman Corr, present at the Commission meeting, added that herself and Council- man Kraus had met with 3 members of the Governing Board to discuss this matter, but that no decisions had come out of the meeting. C. The Secretary advised the Commission that a Committee-of-the-Whole meeting had been agendized for Monday, June 14, 1976 at 7:30 p.m. in the Crisp Conference to discuss ~ith Staff the Planning Department budget priorities as requested by the Commission at its meeting of May 26, 1976. The Secretary referenced a copy of the agenda in the Commissioner's packets, al6ng with a memorandum explaining present budget priorities. D. Chairman Belanger thanked Cc~fm-~ssioners Callon, Marshall and Zambetti for working so hard on the support of Measure "I," and asked for the continued support of all Comm4ssioners~ for the continuing education of zthe Measure "'~'~ matter to 'the public. ' ...... E. Chairman Belanger expressed appreciation to Mrs. Stark of the Good Government Group for serving coffee, a~d welcomed Councilman Corr to the meeting. She also offered the Con~ais~ion's congratulations to Mr. Dick Loewke on his tentative marriage approval[ and ~xpressed warm farewells to Ms. Kathy Carman who has given ~er resignation. to the City. IX. ADJOURN}~NT Commissioner Lustig moved, seconded by Commissioner Zambetti, that the Planning Commission meeting of June 9, 1976 be adjourned. The motion was carried unanimously, and the meeting was adjourned at 10:20 p.m. MA~y/~/e~]~~'cre~ry~/ shq/ -9-