Loading...
HomeMy WebLinkAbout03-28-1983 CITY COUNCIL AGENDA0 AGENDA BILL NO. DATE:--3/1- CITY OF SARATOGA DEPARTMENT: Planning and Policy Analysis Initial Dept. F C. Attu C. Mgr: SUBJECT: C -200, John DiManto, Terminus of Madrone Hill Road and west of Peach Hill Road Issue Sun nary 1. Planning Commission recommended approval of General Plan and zoning amendments on the subject property per tentative subdivision condition VIII, D of SD -1454. 2. Purpose of the amendment is to make land use designations consistent with the lot lines approved for the subdivision to avoid split zoning. 3. A small portion of R- 1- 40,000 land. would be rezoned to HC -RD. 4. A small portion of County land to be annexed to the City will be pre =zoned R- 1- 40,000 with the remainder pre -zoned HC -RD. 5. General Plan map change No. 44 must be approved before those zoning changes can be approved. Recommendation 1. Conduct the public hearing on the. zoning request and have the first Exhibits /Attachments Exhibit A - Resolution GPA 83 -1 -B - Planning Commission Exhibit B - Resolution C -200 Exhibit C - Negative Declaration Exhibit D - Staff Report dated 2/16/83 Exhibit E - Planning Commission Minutes for meeting of 2/23/83 Council Action - Exhibit F.- Ordinance amending the zoning map Exhibit G `- Letter requesting waiver of fees 4/6: Continued to 5/4. 5/4: Fanelli /Mallory moved to introduce ordinance by title only, waiving further reading. Passed 5 -0. 5/18: Mallory. /Moyles moved to read by title only, waiving further reading. Passed 5 -0. Clevenger /Fanelli moved to adopt Ordaincne NS- 3- ZC -87. Passed 5 -0. reading of the ordinance. it - 2. Continue the public hearing to the next meeting on Play. 1-8 where the second reading of the ordinance.will be done. 3. Approve the Negative Declaration for the project. 4. Approve the rezoning as recommended,by the Planning Commission at the April 20 meeting, and make the required findings. Fiscal Impacts Exhibits /Attachments Exhibit A - Resolution GPA 83 -1 -B - Planning Commission Exhibit B - Resolution C -200 Exhibit C - Negative Declaration Exhibit D - Staff Report dated 2/16/83 Exhibit E - Planning Commission Minutes for meeting of 2/23/83 Council Action - Exhibit F.- Ordinance amending the zoning map Exhibit G `- Letter requesting waiver of fees 4/6: Continued to 5/4. 5/4: Fanelli /Mallory moved to introduce ordinance by title only, waiving further reading. Passed 5 -0. 5/18: Mallory. /Moyles moved to read by title only, waiving further reading. Passed 5 -0. Clevenger /Fanelli moved to adopt Ordaincne NS- 3- ZC -87. Passed 5 -0. RESOLUTION NO. GPA 83 -1 -B RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SARATOGA AMENDING THE 1974 GENERAL PLAN LAND USE ELEMENT FOR PORTIONS OF A 23.46 ACRE SITE AT THE TERMINUS OF MADRONE HILL ROAD AND WEST OF PEACH HILL ROAD (APN 517- 22 -77, AND 517- 23 -35, 36, 37) WHEREAS, the City of Saratoga received an application from John DiManto to amend the 1974 General Plan Land Use Element Designation of a .152 acre portion of a 7.47 acre parcel (APN 517- 22 -77) from Very Low Density Residential to Slope Conservation and designate a 1.04 acre por- tion of a 15.95 acre parcel (APN 517- 23 -35, 36, 37) currently under the jurisdiction of Santa Clara County as Very Low Density Residential with the remainder of this parcel to be designated Slope Conservation; and, WHEREAS the 15.95 acre parcel (APN 517 -23- 35,36,37) will be annexed to the City of Saratoga; and, WHEREAS the proposed General Plan amendments were a condition of ap- proval for a tentative subdivision map (SD -1454) approved by the Planning Commission; and, WHEREAS, the City of Saratoga Planning Commission at a regular meeting in accord with Government Code Section 65351, held a public hearing on February 23, 1983, and reviewed the proposed amendment to the Land Use Element; and, WHEREAS, the City of Saratoga Planning Commission reviewed the draft negative declaration and the findings attached as Exhibit "B "; NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Saratoga: That the Planning Commission recommends that the City Council amend the 1974 land use element from Very Low Density Residential to Slope Con- servation a .152 acre portion of a 7.47 parcel; and, designate a 1.04 acre portion of a 15.95 acre parcel as Very Low Density Residential with the remainder of the parcel designated Slope Conservation, all parcels located at the terminus of Madrone Hill Road and west of Peach Hill Road and as shown by Exhibit "D ", based on the ability to make the findings as stated in Exhibit "B ". The above and foregoing resolution was regularly introduced and thereafter passed and adopted by the Saratoga Planning Commission on the 23rd day of February, 1983, by the following vote: AYES: Commissioners Bolger, Crowther, Hlava, McGoldrick and Schaefer NOES: None ABSENT: Commissioners Nellis and Siegfrie - ABSTAINED: None Chairman, Planning 96mmission Attest: ASeLV"""�'_ cretary ���� A RESOLUTION NO. C -200 RESOLUTION RECOMMENDING PROPOSED AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF SARATOGA WHEREAS, the Commission held a Public Hearing on said proposed amendment, which Public Hearing was held at the following time and place, to -wit: At the hour of 7:30 p.m. on the 23rd day of February, 1983, at the City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California; and thereafter said hearing was closed, and WHEREAS, after consideration of the proposed amendment as it would affect the zoning regulation plan of the City of Saratoga, and after consideration of a Negative Declaration prepared for the project and brought before the Commission, this Commission has made cer- tain findings and is of the opinion that the proposed amendment attached hereto and marked Exhibit "C" should be affirmatively recommended to the City Council. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Saratoga as follows: That the proposed amendment attached hereto be and the same is hereby affirmatively recommended to the City Council of the City of Saratoga for adoption as part of the Zoning Ordinance of said City, and that the Report of Findings of this Commission, a copy of which report is attached hereto and marked Exhibit "B ", be and the same is hereby approved, and BE IF FURTHER RESOLVED that the Secretary is directed to send a copy of this Resolution of Recommendation with attached Proposed Amendment and Report of Findings and a summary of hearings held by this Commission to the City Council for further action in accordance with State Law. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 23rd day of February , 1983, by the following roll call vote: AYES: Commissioners Bolger, Crowther, Hlava, McGoldrick and Schaefer NOES: None ABSENT: Commissioners Nellis and Siegfried ATTEST: r�r Sec TTFa ry Chairman of the PlanXing I:ommission ii it�tT f3 BE wu � m m � � GPA 83-I-B 6 C-200 Designate as Very Low Den- sity Residential and pre- zone as B-1-40,000 - N ° N ° � � m ! . " . � � w ' ` w TIONAL MAP it # C 'LD' ECTIONAL MAP ME 7 F IPA FAN ro Q Change from Very Low Den- sity Residential & R-1- 40,000 to Slope Conserva- tion and HC-RD Designate as Slope Conser- ,vation and prezone as BC-8D ^ . • GPA - 8 3 - 1 - B C- 200 Exhibit "B" Findings: 1. The proposed General Plan and Zoning Amendments are required to ensure that a logical development pattern is created for this parcel. 2. The proposed General Plan and Zoning Amendments are required to achieve the objectives of the General Plan and the Zoning Ordinance as prescribed in Section 1.1 of said ordinance. 3. The proposed General Plan and Zoning Amendments will not have a significant impact on the environment, or adversely affect public health, safety or welfare. EIA -4 Saratoga • • DECLARATION THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED (Negative Declaration) Environmental Quality Act of 1970 GPA 83-1-B+ File No: C -200 2/14/83 The undersigned, Director of Planning and Environmental Control of the CITY OF SARATOGA, a Municipal Corporation, after study and evaluation has determined, and does hereby determine, pursuant to the applicable provisions of the Environmental Quality Act of 1970, Sections 15080 through 15083 of the California Administrative Code, and Resolution 653 - of the City of Saratoga, that the following described project will have no significant effect (no substantial adverse impact) on the environment within the terms and meaning of said Act. PROJECT DESCRIPTION Minor adjustments to the General Plan and Zoning Maps of Saratoga changing the designations of: a portion of a 7.4 acre parcel in the City from Very Low Density Residential (R -1- 40,000) to slope conservation (HC -RD) and a portion of a 16+ acre parcel in the City's urban service area from slope conservation (pre -zoned HC -RD) to Very Low Density Residential (R -1- 40,000). Project is located at the terminus of Madrone Hill Road west of Peach Hill Road. NAME AND ADDRESS OF APPLICANT John DiManto 300 So. First St. San Jose, CA 95112 REASON FOR NEGATIVE DECLARATION Project consists of minor alterations to General Plan and zoning maps to allow a proposed subdivision to proceed. The physical impacts of the project itself have already been addressed in a negative declaration which is incor- porated herein by reference (File No. SD- 1454). This project only allows the previously approved project to proceed as conditioned in the subdivision approval. Executed at Saratoga, California this day of fepPUAXy 1983 R. S. ROBINSON, JR. DIRECTOR OF PLANNING AND ENVIRONMENTAL CONTROL OF THE CITY OF SARATOGA DIRECTOR'S AUTHORIZED STAFF MEMBER \\ I/ e4i4 AA �xaierr D" REPORT TO PLANNING COMMISSION DATE: Feb. 16, 1983 Commission Meeting: Feb. 22, 19 8 3 SUBJECT GPA 83 -1 -B /C -200 John DiManto Terminus of Terminus of Madrone Hill Road west of Peach Hill Road ---------------------------------------------------------------------- - - - - -- Request: 1. Amend the General Plan so that the designation of a .152 acre portion of a 7.47 acre parcel (APN 517- 22 -77) is changed from Very Low Density Residential to Slope Con- servation and rezone this same portion from R -1- 40,000 to HC -RD. AND 2. Amend the General Plan so that a 1.04 acre portion of a 15.95 acre parcel (APN 517 -23- 35,36,37) is designated Very Low Density Residential (and :one this same portion R -1- 40,000) and designate the remainder of the property Slope Conservation (and zone this same portion HC -RD). Environmental Assessment: A negative declaration for this project has been prepared. Public Noticing: This project has been advertised by publishing in the newspaper, posting, and by mailings to 50 nearby property owners. General Plan Designation (Current): APN 517 -22 -77 - Very Low Density Residential APN 517 -23- 35,36,37 - County (urban service area /slope conservation) Zoning: APN 517-22-77 - R-1-40,000 APN 517 23- 35,36, 37- County (pre -zoned HC -RD) Surrounding Land Uses: Site surrounded by single family residential use and is adjacent to a county park (Montalvo). Site Size (Total): 23.46 acres ± Report to PlanninWommission • February 16`, 1983 Page 2 Site Slope: City Portion - 40.16% County Portion = 46% Staff Analysis: On December 8, 1982, the Planning Commission granted tentative subdivision approval for a 5 lot subdivision (SD -1454) on the subject property. Condition VIII.D. of the tentative subdivision approval required minor adjustments in the General Plan and Zoning Maps of the City to match the City's land use designations with the lot lines approved for the subdivision. These adjustments must be made prior to final map approval to allow the applicant to proceed with the project. These amendments do not increase the number of lots or the density of the project.. The physical circumstances of the property are described in the staff report dated 12/2/82 for SD -1454 and are incorporated herein by reference. The first General Plan and Zoning Amendment described under Request would allow Lot 3 of the subdivision to be designated entirely as Slope Conservation (HC -RD) rather than create split zoning on the lot. The second amendment described under Request would allow Lot 2 to be desig- nated entirely as Very Low Density Residential (R -1- 40,000). The southernmost 15.95+ acres of the project site will have to be annexed to the City before the rezoning described in the second amendment would go into effect. Until that time, the second amendment would be con- sidered a prezoning. The proposed amendments are minor and have no significant impact on the General Plan designations of any other properties in the vicinity or their future development. These amendments merely "clean up" the subdivision so that lot lines are consistent with General Plan and Zoning Designations. Findings: 1. The proposed General Plan to ensure that a logical parcel. 2. The proposed General Plan achieve the objectives of Ordinance as described in and Zoning Amendments are required development pattern is created for this and Zoning Amendment are required to the General Plan and the Zoning Section 1.1 of said ordinance. 3. The proposed General Plan Amendments and Rezonings will not have a significant impact on the environment or adversely affect public health, safety or welfare. Report to Plannin•Commission • Page 3 February 16,1983 RECOMMENDED ACTION: Staff recommends that the Planning Commission adopt the attached resolutions recommendeding approval of the proposed General Plan and Zoning Amendments. Michael Flore , Assistant Planner IXmer, Planning Commission Meeting Minutes 2/23/83 V -541 (cont.) C Page 7 Commissioner Hlava commented that when a Specific Plan for the Village was discussed this *was one of the topics. She pointed out that there are numer- ous problems with it, because today there may be a restaurant there that is compatible with the bank, and tomorrow there may be another bank which would be incompatible relative to shared parking. She added that she would be will- ing to discuss doing it on a generic basis along with the Specific Plan for the Village; however, she does not think it is appropriate to do it before that time. She also indicated that she has a real problem in considering public parking spaces on a public street as being designated for part of the on -site parking that is required from different businesses. She commented that it would be a terrible precedent to set when other people are asked to provide private parking. ( *the idea of businesses sharing parking) Commissioner Bolger stated that he feels this particular situation is in a great deal of flux, with the Historical Preservation Ordinance and the Village Specific Plan now coming into being. He commented that, because of those two particular issues and the fact that there is a very successful business there which is a real asset to the business community, it would be inappropriate to ask Maddalena's to cease and desist. He added that he feels that there are a lot of issues that have to be addressed further and one year would be a mini- mum timeframe in order to resolve them. Staff commented that the Van Arsale site includes not only this structure but the two other structures. Therefore, even if it were concluded that those four spaces could be assigned to this site, it would then be a matter of determining whether they should be assigned to this specific use. There was a consensus to defer this matter until the two issues discussed can be reviewed. It was directed that this item be continued to April 13, 1983. 12. GPA 83 -1 -B - DiManto, Consideration of Changing the General Plan Desig- nation from Very Low Density Residential to Slope Conservation of a portion of a 7.4 acre parcel designated in the Santa Clara County Assessor's Book as APN 517- 22 -77, located at the terminus of Madrone Hill Road, Saratoga, CA, and consideration of designating in the General Plan three parcels (16+ acres) as partially Very Low Density Residential and partially Slope Conservation. Said parcels to be annexed to the City of Saratoga. These parcels are designated in the Santa Clara County Assessor's Book as APN 517 -23- 35,36,37 and are located adjacent to, and south of the parcel men- tioned above and on the west side of Peach Hill Road, in Santa Clara County 13. C -200 - DiManto, Consideration of Rezoning from R -1- 40,000 to HC -RD a portion of a 7.4 acre parcel designated in the Santa Clara County Assessor's Book as APN 517- 22 -77, located at the terminus of Madrone Hill Road, Sara- toga, CA, and consideration of zoning three parcels (16+ acres) partially as R -1- 40,000 and partially HC -RD. Said parcels to be annexed to the City of Saratoga. These parcels are designated in the Santa Clara County Assessor's Book as APN- 517 -23- 35,36,37 and are located adjacent to, and south of, the parcel mentioned above and on the west side of Peach Hill Road in Santa Clara County, CA. The public hearing on the above two items was opened at 10:15 p.m. Bill Heiss, civil engineer for the project, appeared to answer questions, stating that these applications would realign the zoning lines to conform to the ultimate property lines. Commissioner Bolger moved to close the public hearing. Commissioner Hlava seconded the motion, which was carried unanimously. Commissioner Crowther moved to adopt Resolution 83 -1 -B, recommending approval of the General Plan amendment to the City Council. Commissioner Hlava seconded the motion, which was carried unanimously 5 -0. Commissioner Hlava moved to adopt Resolution C -200, recommending approval of the rezoning to the City Council, per the Staff Report dated February 16, 1983. Commissioner Crowther seconded the motion, which was carried unanimously 5 -0. - 7 - W C ORDINANCE NO. NS -3 -ZC Exhibit "C" AN ORDINANCE AMENDING ORDINANCE NS -3, THE ZONING ORDINANCE, BY AMENDING THE ZONING MAP RE: A.PORTION OF APN 517 -22 -77 FROM R- 1- 40,000 TO HC -RD AND APN 517 -23- 35,36,37 PREZONING TO R- 1- 40,000 AND HC -RD. The City Council of the City of Saratoga hereby ordains as follows: SECTION 1: Sectional District Map No. C -200 attached hereto and incorporated herein by reference is hereby adopted, and the Zoning Map of the City of Saratoga adopted by Section 1.8 of Ordinance NS -3 of said City, together with any amendments thereto, is hereby changed and amended by substituting the crosshatched area on the foregoing sectional district map for that portion of the Zoning Map delineated in and by the within - adopted crosshatched portion of the sectional district map. So much of the Zoning Map of the City of Saratoga, together with - any amendments thereto, as in conflict with the within - adopted sectional district map is hereby superseded and repealed. SECTION 2: This Ordinance reclassifies certain property shown on the attached sectional map from R -1- 40,000 to HCRD for that portion of the parcel within the City limits and classifies that portion in the County R -1- 40,000 and HCRD. The reclassification of that portion of the property within the City limits shall become operative and take effect thirty (30) days from its date of passage. The zoning classification of that portion of the property within the County shall become operative and take effect at the same time the annexation of that portion of the ,property takes effect. This ordinance was regularly introduced and after the waiting time required by law was thereafter passed and adopted this . day of , 1983, by the following vote: AYE S: NOES: ABSENT: ATTEST: MAYOR City Clerki?(}4(6�'r W_u 1 5 Civil Engineering City Council City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Honorable Council: JENNINGS - McDERMOTT - HEISS, INC. SUITE 200 286 -4555 925 REGENT STREET-SAN JOSE, CA. 95110 Land Planning Land Surveying March 11, 1983 RECEIVED PLANNING POLICY ANALYSIS Re: Di Manto Our #2238 Our office has previously submitted to the City a General Plan revision and re- zoning request on behalf of John Di Manto. The General Plan revision is to be considered by your body at it's March 16th meeting. Both of these items represent what I catagorize as housekeeping activities. They are intend- ed to align the zoning and General Plan designations with the proposed final lot lines which do not exactly agree with the present zoning line. There should be minimal expense involved as far as the City is concerned. The environmental concerns were discussed as part of the Tentative Map, which was approved many weeks ago, and a negative declaration was filed. We had indicated when we submitted the drawings that we felt the required fees of $2,200.00 were inappropriate for this particular request. We therefore ask that the City Council consider refunding a portion of these fees. It is certainly appropriate that Mr. Di Manto pay those costs that are required of the City in order to process the two requests. We feel, however, that $2,200.00 probably exceeds what would be required of the Staff in order to accomplish the General Plan change and re- zoning. Therefore we would appreciate it if your body would agree to refund those portions of Mr. Di Manto's fees which were not expended. Thank you for your consideration of this request. c.c. John Di Manto Very truly yours, WILLIAM E. HEISS t1 //