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HomeMy WebLinkAbout09-08-1976 Planning Commission Minutes CITY OF SARATOGA PLANNING CO~ISSION MINUTES DATE: Wednesday, September 8, 1976 - 7:30 p.m. PLACE: City Council Chambers - 13777 Fruitvale Avenue, Saratoga, Ca. 95070 TYPE: Regular Meeting I. ROUTINE ORGANIZATION A. ROLL CALL Present: Commissioners Belanger, Callon, Laden, Marshall and Zambetti Absent: Commissioners Lustig and Martin~ B. MINUTES Commissioner Marshall moved, seconded by Commissioner Zambetti, that the reading of the Planning Commission meeting minutes of August 25, 1976 be waived, and that they be approved as distributed. The motion was carried; Commissioner Callon abstained due to absence. II. CONSENT CALENDAR A. Cpmposition of Consent Calendar Commissioner Marshall moved, seconded by Commissioner Callon, that the Planning Commission approve the composition of the Consent Calendar of September 8, 1976. The motion was carried unanimously. B. Items of Consent Calendar Commissioner Marshall moved, seconded by Commissioner Callon, that the Planning Commission grant approval to the following applications: 1. Final Building Sites a) SDR-1174 - T.N. Foster, Horseshoe Drive, Final Building Site Approval for 3 Lots " b) SDR-1234 - Phillip Boyce, Boyce Lane, Final Building Site Approval - 4 Lots c) SDR-1239 - Robert Craig, Saratoga Avenue, Final Building Site Approval 2 Lots d) PM-2a and PM-2b - Angelo Ozoa, Leonard Road, Approval of Lot Line Ad- justment and Parcel Map 2. Design ~eview a) SS-110 - Hal Johnston ("The Pant Company"), 12888 Saratoga-Sunnyvale Road, Final Design Review Approval Identification Sign; Per Exhibit "A" and Staff Report dated September 1, 1976 b) A-538 - Saratoga Foothills Development Corporation, Wardell ~ Arroyo de Arguello, Final Design Review Approval - 4 Lots for SDR-1236; Per Exhibits "A" through "D" and Staff Report dated Septem- ber 1, 1976 The motion was carried unanimously. -1- · P.L~NNING CO~B-IISSION OF SEPTEMBER 8, 1976 II. CONSENT CALENDAR - Cont'd " Commissioner Marshall referenced Item l(d), pointing out that the reason For requesting the lot line adjustment was for the purpose of constructing a tennis court on one of the lots. Commissioner Marshall expressed concern over construction of tennis courts on smaller size lots, especially in~reFerence to the total amount of impervious coverage allowed on a site. After brief discussion of this concern, Commissioner Marshall was appointed to investigate amending the Zoning. Ordinance to Further control i[e amount of'£mperv~ous coverage allowed For lots within the Cit~.. III. TENTATIVE SUBDIVISIONS/FINAL BUILDING SITES A. SD-12S4 - Dividend Industries, Saratoga-Sunnyvale Road, Tentative Subdivision Approval For 48 Lots; Continued from August 2S, 1976 Note was made that both the Design Review Committee and Subdivision Committee re- viewed this application, with special consideration given to the proposed landscap- ing. It was pointed out that the Design Review Committee approved in concept the landscaping of the proposed walkway,_and had requested that the lan~s~p~pg.and fencing round the corner lots on Cox Avenue. Concern was expressed' relative to removal of trees. Mr. Cecchi, representative of the applicant, ex- plained that 'every specimen tree had been reflected on the plans, and assured the Commission that very Few trees would be removed. Mr. Oliver, another representative of the applicant, added that the major clustering of trees was located on the lot line running between Lots 9 and 10, which would not call For removal of any trees. Staff additionally noted that Design Review approval was required, and that the Design Review Co~nittee would give detailed considera- tion to the placement of the houses with regards to the location of existing trees. Commissioner Callon reiterated her suggestion that a Frontage road with a sound attenuation wall be utilized along Saratoga-Sunnyvale Road. Commissioner Marshall pointed out that incorporating both a Frontage road and-a wall would require a substantial amount of land, and could reduce the amount of landscaping along the required pedestrian pathway. The following comments were made relative to specific conditions: 1. Condition II-G was modified as Follows: G. Provide decorative wall or Fencing, including tree planting, within lots along Cox Avenue, Highway 8S and PG~E Company land as required by Design Review. It was explained that planting would not be required on the PG~E right-of way, but contiguous to it. Further, it was noted that Design Review Approval was required on all landscaping, and consequently review would be made by the Design Review Committee of this matter. 2. Mr. Cecchi objected to Condition II-J concerning the construction of a storm line, pointing out that they would be using another drainage system. Mr. Trinidad, member of the Public Works Department, explained that the City had a drainage problem on the west side of Highway 8S which could be cor- rected by the installation of a storm line by this developer at a lower cost to the City than if the City contracted For these improvements. He added that per the City Subdivision Ordinance, installation costs of over- sized, out-of-tract storm lines were Fully reimbursible if requested by the developer. 3. Considerable discussion Followed on Condition II-M requiring widening the Highway 8S right-of-way by an additional 4 Feet. Mr. Trinidad explained that !h~F~l~h'i~d'ftion was appropriate in order to provide safe access along this'highway, especially in view of the 4S mph speed limit. He noted that there was an existing S-Foot shoulder, and concluded that~k shoulder was required to insure adequate safety. He stated tha~ a 'S-Foot requirement might produce this desired result, but asserted that 4 Feet would insure an adequate sized shoulder. Mr. Cecchi pointed out that a -2- P:I~ANNING CO~IISSION MINIIT 5.~F SEPTEMBER 8, 1976 III. A. SD-1254 - Dividend Industries - Cont'd requirement could force relocat~p~__~_f_~b~_.~_i~i~g ove~h~d..power lines along this right-of-way, which could require undergrounding the power lines. The Secre- tary cited Article 22 of the Zoning Ordinance which specified that public utilities shall be underground if the voltage carried by the power lines was more than 34.5KV. He stated that if the subdivision was serviced by these power lines and the voltage was/not in excess of 34.5KV, undergrounding of ~he power lines would be required anyway. Further discussion ensued, and Condition II-M was modified as follows: M. Widen pavement on Highway 85 to provide an additional 3'-4' of paved shoulder together with a 6" A.C. berm~ as determined by the Director ~ of Public Works. Commissioner Marshall expressed disfavor of this modification, pointing out that this was the last large subdivision to be developed in the City, and he desired no compromises relative to landscaping or shoulder requirements. Commissioners Callon and Laden stated that if the Director of Public Works determined that a 3-foot widening~provided adequate safety, they would accept his judgment. 4. Chairman Belanger requested Condition VIII-B be modified to include "sprinkler system" in lieu of "irrigation" as follows: B. Landscaping, sprinkler system and fencing along Saratoga-Sunnyvale Road and Cox Avenue frontage is required. 5. To clarify the Design Review Approval requirements, Condition VIII-C was modified as follows: C. Prior to final Subdivision Approval, Design Review Approval is required." At this time Commissioner Marshall moved, seconded by Commissioner Zambetti, that the Planning Commission approve application SD-1254 and the tentative map (Exhibit "A" filed June 18, 1976) subject to the conditions of the Staff Report dated September 2, 1976, as amended. The motion was carried unanimously. IV. 'PUBLIC HEARING~ A. C-183 - Galeb Properties, Zorka Avenue, Request for Change of Zoning for a 4.78± Acre Parcel Located between Zorka Avenue and the Southern Pacific Rail- road from "R-1-10,000" (Single-Family Residential) to "R-1-10,000 PC" (Single-Family Residential, Planned'Community); Continued from 8-25-76 Chairman Belanger reopened the public hearing on C-183 at 8:45 p.m. She noted that the applicant was pursuing the possibility of federal funding for senior citizen housing relative to this project, and had requested this be continued to the next Commission meeting. · Winston Chew, 12501 De Sanka Avenue, asked whether the Commission would be in favor of approving an 18-unit senior citizen housing project for this site. Commissioner Marshall explained that the Subdivision Committee had indicated to the applicant that an 18-unit standard development was remote, but that retirement housing with smaller houses might be acceptable. Consequently, the applicant was pursuing this possibility. Chairman Belanger added, however, that it had been the consensus of the Planning Commission that it would not be in favor of a 50% housing increase in this neighborhood. Chairman Belanger introduced into the record a letter received September 2, 1976 from Johanna Chew, 12501 De Sanka Avenue, objecting to this change of zoning request. As there was no further testimony, Chairman Belanger closed the public hearing on C-183 at 8:S1 p.m., continued same to the Planning Commission meeting of September 22, 1976, and referred this matter to the Subdivision Committee for further review. -3- ~PLANNING CO~ISSION OF SEPTBMBER 8, 1976 IV. B. GF-309 - City of Saratoga, Amendment to Ordinance NS-3 (Zoning Ordinance), Section 7.2 Entitled "Commercial District Permitted Uses" by Adding a Prohibition Against Vehicular Drive-Through Facilities; Continued from 8-25-76 Chairman Belanger reopened the public hearing on GF-309 at 8:52 p.m. · Sandi Cuenca, representative of the Chamber of Commerce, asked if this proposed ordinance would affect existing drive-though facilities. She explained that a bank located within the City wished to up-grade its existing drive-through facility by creating a kiosk. Staff explained that existing drive-through facilities would not be affected. However, if the drive-through facility-' was detached or if the bank desired an additional drive-through facility~ the ordinance would prohibit this. Ms. Cuenca requested a continuance of this matter in order to allow this bank an opportunity to discuss its plans with the Planning Staff. Discussion followed by the Commission regarding this ordinance. Commissioner Marshall recommended that the proposed ordinance be amended as follows: 1. Page 1, Cleaning and Laundery Agencies: Change the word "noninflammable" .~o "nonflammable". Staff explained that according to Webster's Dictionary,:' ~both words meant the same, and additionally,~ii was hoted that'ithe word /"noninflammable" was presently used in the Zoning Ordinance. 2. Page 2: Delete the phrase "not including drive-in restaurants." Staff ~ concurred wi~h this suggestion. 2. Commissioner Marshall favored applying this ordinance to the Village commer- cial zones only, thus allowing drive-through facilities in other commercial districts within the City subject to obtaining a use permit, and he favored con- 'Yi~ince--to review this. Com~i~'~io~r~C~ii'0~,' Laden and Zam~etti favor~a'~h~- .proposed ordinance applying ~o all commercial zones within the City. ~ As there was no further testimony offered, Commissioner Zambetti moved, seconded by Commissioner Laden, that the public hearing on GF-309 be closed. The motion was carried~ Commissioner~Marjhall voted no. The hearing_was closed at ~9:02 p.m. Commissioner Zambetti moved, seconded by Commissioner Callon, that the Planning Commission forward to the City Council with the recommendation for approval GF-509, an amendment to the Zoning Ordinance, prohibiting drive-through facilities within the City, as amended by deleting the phrase "not including drive-in res- taurants" on page 2. The motion was carried; Commissioner Marshall voted no. Commissioner Callon explained to Ms. Cuenca that the reason she did not suggest a continuance of this matter as requested was because this hearing was the second public hearing on application GF-309, and she noted that public hearings would be held by the City Council on the same subject... C. UP-314 - Spaich Corporation, 20401Miljevich Drive, Request for Use Permit in Accordance with the Provisions of Article 15 of Ordinance NS-3 (Zoning Ordinance) to Allow for the Continuation of a Non-Conforming Commercial Use in a Residential District; Continued from 8-25-76 Chairman Belanger reopened the public hearing on UP-S14 at 9:05 p.m. Note was made that a Staff Report had been prepared recommending approval of this applica- tion for a one-year period. Citizen Response · Nick Miljevich, 20401Miljevich Drive and owner of the fruit stand in question, explained that he had lived on this property for 51 years and had been opera- ting his fruit stand s~nce prior to the incorporation of the City. He stated that the City had been responsible for forcing him out of 3 other businesses, and contended that the City was being unfair to force him out of this business as well. He explained that the fruit stand tb~i~eSs was only in operation 3 months of each year, and maintained that his business did not bother anyone. }~en asked whether he was importing products onto this site for commercial -4- P-LANNING COMMISSION MINUTES OF SEPTEMBER 8, 1976 7 9ur-poses-,-M~.--~lj-e~ich-s~ated-tha~he was importing'fruit from orchards under ownership at different locations. · C.W. Neal, 1416S Saratoga-Su~_nn~__ale Road, stated that he had been a resident of the City for 40 years. .He-~tated that he did not feel this fruit stand [ bothered anyone, and urged the Commission to allo~'~he opeiati6n'to continue. 'Mr. Neal contended that many businesses in the City had been forced to leave "because of the strict stipulations imposed on them, and he stated: "I think you have to live with your conscience when you push these people out of business." Mr. Neal stated that many of these businesses had'been in the City since prior to its incorporation, and he maintained that the City had overlooked the grand- father clause when it adopted the non-conforming use ordinance. In response to this latter statement, Staff noted that the non-conforming us~.ordinance was legal under the police power provisions of the State of California, adding that this was a common non-conforming, amortization ordinance used in man~.__ cities. Chairman Belanger added that the grandfather clause was' not a con- 'sti+ui'~nal right, contending that there was no such thing as "being here first gi~es you more right than those coming later." · Ruth Owen, 14180 Victor Place, stated: "I have a warm feeling when I see the fruit drying on the property. I like the idea of having fruit drying right on Saratoga-Sunnyvale Road where our residents and visitors can see it." · Pat Renn, 20601 Marion Avenue, asked what she and other businesses required to obtain use permits for non-conforming activities could do to lengthen their business operational life. She asked if these properties could be rezoned to commercial. The Secretary explained that the intent of the ordinance /~as to phase out all non-conforming uses within the City as per the Genera-1 Plan. policy. He stated that one approach which could be taken would be to' :.~equest the Cit~ Council and Planning Commission to reconsider this ordinance by allowing non-conforming uses to continue for an indefinite period of time. Relative to the suggestion that these properties be rezoned, the Secretary explained that the City would not have a right to preclue these businesses from selling to other individuals for other commercial uses if these properties were rezoned to commercial. Further, he explained that rezoning of these properties would require a General Plan amendment. · Sandi Cu~nca, representative from the Chamber of Commerce, urged the recon- sideration of this ordinance, suggesting that this type of ordinance was creating an imbalance between the commercial and residential tax structure. Commission Response Commissioner Marshall moved, seconded by Commissioner Zambetti, that the Planning Commission close the public hearing on UP-S14. The motion was carried unanimously, and the'publ~c hearing was closed at 9:45 p.m. It was explained that the City had received complaints regarding the traffic hazards created on Saratoga-Sunnyvale Road because of this activity. The Secre- tary explained~h~ customers presently parked along the State right-of-way, and-- had to re-enter a~traffic flgw of 45 m~h --When leaving the fruit stand. He referenced f'fh'~'SF~f~'Report dated September 1, 1976 recommending approval of this use p~r~{'{ .... for a one-year period, and pointed out that this time period would give the appli- ~'a'fff an opportuniYy to ~Fide whether he wished to terminate his business or move to another location. The Secretary explained that the a~plicant owned comm~ial.l~- ;zoned property on SKratoga-Sunnyvale Road which could provide adequate parking and'. :safe vehicular access onto Saratoga-Sunnyvale Road, but added that Staf~_had._not -~b=e=~h~g~ccess~ul in i~s attempts to discuss this alternative with the applicant~ .The suggestion was made that this matter be continued pending further review of' .-an ~Ft~rnate ~I~H'{~ this business operation. Discussion followed on this matter. COmmissioner Marshall favored the Staff ReportIs recommendation. He noted that the applicant's fruit stand was only operating 3 months out of the year, and contended that the one-year time limit was sufficient time for the applicant to decide on what he wished to do. He added, however, that Miljevich Drive might possibly accommodate this operation, with suffi- 'cient space for on-site parking and Vehicular access off of Saratoga-Sunn,vvale Road. Commissioners Callon and Laden favored continuing this matter pending further =S- ~: Pf~uNNING CO~IISSION MINUTE~F SEPTEMBER 8, 1976 IV. C.. UP-314 - Spaich Corporation - Cont'd "' review by the Subdivision Committee, and also favored reconsideration of the non- conforming use ordinance by the Commission. Commissioner Zambett_i_pointed out that the Miljevich family sold this operation to the Spaich/fam~ly,.and he requested that a.representa[iv~f the Spaich family be in attendance at the Subdivision Committee meeting. Further, he requested that an on-site inspection be made. At this time Commissioner Marshall moved, seconded by Commissioner Zambetti, that the motion to close the public hearing on UP-S14 be rescinded. The motion was carried unanimously. Chairman Belanger directed that the public hearing on UP-S14 be continued to the Planning Commission meeting of September 22, 1976, and referred this matter to the Subdivision Committee for further review and report. RECESS: 10:00 - 10:15 p.m. D. UP-S15 - Lillian Rodoni, 14038 Saratoga-Sunnyvale Road, Request for Use Permit in Accordance with the Provisions of Article 15 of OrdinanCe NS-S (Zoning Ordinance) to Allow for the Continuation of a Non-Conforming Commercial Use in a Residential District Note was made that the Subdivision Committee had reviewed this matter, and that a Staff Report had been prepared recommending approval. Chairman Belanger opened the public hearing on UP-S15 at 10:17 p.m. · Albert Ruffo, applicant's attorney, requested this application be continued until after a determination had been made regarding the City-initiated lawsuit relative to condemning the northwest portion (.1 acre) of this site. Mr. Ruffo explained that the City was condemning this portion of the property to make a cul-de-sac which would facilitate the exit and entrance of the school buses on the adjacent Saratoga School property. He added that a signal light was also being planned on this corner in conjunction with the cul-de-sac matter. Commissioner Marshall and Staff concurred with this recommendation. Commis- sioner Marshall explained that the Staff Report and Subdivision Committee dialogue had been based on the premise that the condemnation proceedings were initiated by Saratoga School, and he requested further study of this situation. · Flora Bronzich, 20400 Williams Avenue, stated that she had lived at this site for 23 years. She stated that most of the neighbors had lived in this area for 16-20 years, and most of them had no objection to this continued use. She pointed out much of the audience present on this matter represented several hundred years of citizenry and were responsible for incorporating the City. She expressed the opinion that it did not seem fair to force these people out of town. Further, with regard to the cul-de-sac issue, she fully supported installing a signal light, adding: "but at a fair price to the Radonis." · Chris Bronzich, 20400 Williams Avenue, stated that he had lived in Saratoga for 54 years and had resided at this address for 23 years. He stated that he had been a neighbor of the Rodoni~ for this period of time, and added that he had no problem with the continued use. Further, he expressed support for the proposed signal l~ghts in this area. Mr. Bronzich also indicated that it was very difficult to request a contractor to keep all of his equipment under a shed. He pointed out that he was the Road Operator Superintendent for the County and was responsible for 250 pieces of equipment, "with only 10% being under a shed." He explained that the County just could not provide enough sheds to house this equipment. · C.W. Neal, 14165 Saratoga-Sunnyvale Road, stated that he owned 3 separate parcels of land within 500 feet of this site, and made the following comments: - Regarding the Staff Report's condition requiring the removal of the trailer presently on site, Mr. Neal drew the Commission's attention to the trailer presently on site at City Hall offices. He stated: "I don't think it is right to tell them they can't do something, while the City that we are pay- ing taxes to is doing the very thing that they.c~n!t do." -6- P~'~NNING CO~B{ISSION MINUTES OF SEPTE~IBER 8, 1976 IV. D. UP-315 - Lillian Rodoni - Cont'd - Mr. Neal gave a brief history of the Rodoni property, noting that this site had housed horse-drawn equipment, tractors and water wagons for many years. He noted that blr. Rodoni had built much of Big Basin Way, and that the Rodoni family had been in this business for 65 years. He stated that they had always been good neighbors, and arg~'d' that the only people complaining about the R .doni site were newer residents'of Saratoga, not the =~jacent neighbors. : He stated: "I think that the City should take time to think where we are going and what we are doing to the people who built this towm and who have paid taxes. Maybe you don't realize that some of the old timers have the right to live here too. We have a right to enjoy Saratoga and the hillsides just like the rest of them do because we were here first. That doesn't make any difference. Everybody has the right to be here because they pay taxes, but you seem to think that old is no good so get rid of it." Mr. Neal indi- cated strong support of this use permit application. · Ruth Owen, 14180 Victor Place, stated: "With all due respect to the R .doni family and all of the other pioneers here, I think that that place is very unsitely. I guess that beauty is in the eye of the beholder because there are people in the room who apparently think it is beautiful. I think that, accord- ing to what I read in your report, the principle reason for this place is a business address and that would take a mighty small place for a telephone and a post office box. I just cannot say that I think that is beautiful in the same way as the Miljevich fruit stand is beautiful." · George l%~alen stated that he had lived within 100 yards of the R-doni property for 26 years, adding that there had never been a problem caused by the Rodonis. He stated that he was present in support of this application. · Mr. Ruffo responded to Mrs. Owen's remarks by noting that this place of business was more than just an address. He explained that there were 3 buildings on the site, and that there was one employee working on the site. Further, Mr. Ruffo stated that Mrs. Rodoni was in the process of cleaning up the yard. Additionally, . he made the following comments: - Relative to the Staff Report condition prohibitin~ outdoor storage, Mr. Ruffo drew the Commission!s attention to the City of Saratoga Corporation Yard which stored equipment out of doors. He stated that he felt if the applicant's yard was cleaned of all unuseable material and was put into good shape, the site would not be unsitely. - Relative to the condition recommending that the present open shed be destroyed, Mr. Ruffo stated that he felt this statement was inconsistent with the Staff recommendation to house all equipment and materials on site. He suggested that the existing building be relocated to conforming setback criteria. - Concerning the prohibition.of flammable materials on site, Mr. Ruffo explained that there were 2 diesel storage tanks underground on the property which were not presently being used. He contended that this was not unusual, noting that many gas stations '~a~acent to resfd~'h~d~aerground~§oline storage tanks. Commissioner Zambetti asked what the size of the tanks were and if they were insured. Mrs. Ro. doni answered that there were two 8,000 gallon tanks on site which were presently empty, and she stated that they were heavily insured. - Relative to the Staff Report's condition prohibiting the chemical toilet on site, Mr. Ruffo explained that the toilet was serviced regularly and was used very minimally. Staff noted that the Health Department was not aware of the presence of this facility, and expressed the opinion that it would not approve such on a permanent basis. - Lastly, Mr. Ruffo raised the question of what better use of the site could be made. He stated that in his opinion this property could not be developed beyond one residence and contended that no one would be foolish enough to put a residence on that property. He stated that he felt the best use of the property was the present use, after the yard had been cleaned up. Further, he pointed out that the neighbors who lived adjacent to this site -7- ': PF~NNING CO~B-IISSION MINIJTE~ SEPTEMBER 8, 1976 IV. D. UP-SiS Lillian Rodoni - Cont'd were the ones that would be most concerned, adding: "And outside of the charge that it is unsitely, I think that none of the other neighbors object to the location of the buildings that are on site and they don't Object to having the storage yard there." · Lillian RQdoni, applicant, thanked all those present who had given testimony on her behalf, and she requested favorable consideration by the Commission of her use permit request. She stated that the Radoni family had lived in Saratoga for S generations, and she expressed the hope that they would be allowed to stay in Saratoga. At this time the following-p~eces ~ correspondence were introduced into the record: - Letter received September 3, 1976 from Kenneth Jewell, 20S20 Reid Lane, opposing the continuance of this use. -Letter received September 7, 1976 from A.W. and Elayne Yesney, 140S4 Alta Vista, objecting to this continued use. - Letter received September 8, 1976 from Sandi Cuenca, Manager of the Chamber of Commerce, recommending approval of the use permit subject to landscaping as a buffer. It was the consensus of the Planning Commission to close th~ public hearing on UP-315, continue same to the Planning Commission meeting of October 27, 1976, and to refer this item to the Subdivision Committee for an on-site inspection, further review and report. V. DESIGN REVIEW A. A-5S7 - Security Pacific National Bank, Big Basin Way, Final Design Review Approval - 1 Lot - Commercial Staff explained that the Land Development Committee granted tentative site approval to this project (SDR-1270) subject to conditions, one of which prohibited drive- through windows. The Secretary noted that the applicant had submitted a letter requesting reconsideration of this condition, and suggested this appeal be agendized for review at the next Commission meeting. Insomuch as A-537 plans called for drive-through windows, Staff recommended that this item be continued pending resolution of the drive-through facilities issue. Chairman Belanger directed that A-537 be continued to the Planning Commission meet- ing of September 22, 1976, and referred this matter to the Design Review Committee and Staff for further review. VI. MISCELLANEOUS A. UP-29S - Haven Nursery, 1258S Saratoga~Sunnyvale Road, Request for Consideration of Additional Time for Submission of Plans on a New Building Staff explained that the applicant was requesting a 2 month extension of this appli- cation in order to allow the applicant's engineer additional time to resolve some of the structural problems involved with the project and to complete working draw- ings. Staff stated that they felt the applicant was/acting xn good faith, and recommended approval of this extension per the Staff Report pr6pared on this item. Note was made that the Subdivision Committee had reviewed this matter. Commissioner Marshall moved, seconded Dy Commissioner Zambetti, that the Planning Commission grant a two month extension to application UP-295 per the Staff Report dated September 3, 1976. The motion was carried unanimously. VII. WRITTEN CO~'~UNICATIONS A. Environmental Impact Determinations - There were no Negative Declarations filed between the period of August 23, 1976 and September 3, 1976. -8- ~ .': Fk,~NNING CO~{ISSION MINUTE~F SEPTEMBER 8, 1976 VII. W~ITTEN COb~NICATIONS - Cont'd B. Other 1. Letter received September 7, 1976 ~rom A.E. PassoVoy, Assistant Vice President of Security Pacific National Bank, requesting reconsideration of conditions VI-A and VI-B of tentative site approval application $DR-1250. Staff was directed to agendize this appeal for the Commission meeting of September 22, 1976. 2: Copy of letter dated September 3, 1976 from Thomas ~ite, attorney representing Mr. and Mrs. James Skinner, advising Mr. Anthony Cocciardi that the Skinners had retained his services regarding the:problems on Lot #2 of Tract #5461. Staff explained that the letter advised Mr. Cocciardi that the Skinners wished him to construct the grading and retaining wall relative to this lot as called for on the original plans, and that they would not~accept anything less. Staff noted that plans depicting the existing topography of this site had been submitted to Staff by Bill Heiss, a civil engineer hired by Mr. Cocciardi. Further note was made that th~se plans were submitted in compliance wit~ the Commission's request.. Staff Was directed to make th'f~'re~ p~t'~ the Design Review file on this matter (A-483). VIII. ORAL CO.~BIUNICATIONS A. City Council ~port - No report was given for the City Council meeting of SeptemDer 1, 1976. B. Other 1. Chairman Marshall urged more complete participation by Subcommittee members at the respective Subcommittee meetingS. He expressed the opinion that ~ecommenda~ions from Subcommittees with fufi membership better served the Planning Commission in its review of applications than if only one or two Subcommittee members reviewed an item and made their recommendation. 2. Commissioner Laden requested Staff to change the usual Variance Committee meeting time of 8:0U a.m. to later in the day. She explained that she had a class scheduled for this time. 3. The Secretary distributed the draft EIR for the Garcia/Kirkorian project located on Saratoga-Sunn)rvale Road. Staff explained that State law required a 30-day review period, and advised the Commission that a public hearing on this matter had been agendized for the Commission meeting of October 13, 1976. Staff suggested that a Committee-of-the-~ole meeting be scheduled to discuss this EIR, and Staff was directed to agendize such a meeting. 4. The Secretary advised the Commission that the Planning Department budget had been reduced by $12,000; ie, the planning consultant money was eliminated. The Secretary explained that the Planning Department would not be able to hire a consultant to review and up-date the Zoning Ordinance as planned because of this loss. The Secretary suggested that this matter be discussed at the Committee-of-the-Whole meeting agendized for the Draft EIR above-referenced. IX. ADJOURNMEN~F Commissioner Marshall moved, seconded by Commissioner Laden, that the Planning Commission meeting of September 8, 1976 be adjourned. The motion was carried unanimously, and the meeting was closed at 11:30 p.m. biarty Van D.~, Planning '~/ector sko/ -9-