HomeMy WebLinkAbout03-25-1981 Planning Commission Minutes I)ATE: Wednesda'y, March 25, 1981 - 7:30 p.m.
PI.,ACE: City Councril Chambers, '13777 Fru:i. tvale Avenue, Sara. to~ea, CA
TYPE: Regular Meeting
ROUT I N E OI~GAN 'IZ ZAT I ON
R o 1.1 C a .t '1.
Present:Commissioners Bolger, Crowther, King, Laden, Monia, Schaefer and
Z n mbe t t :i
Absent: None
M :i n u t e s
The fo'l.].ow:ing changes x.vcre made to the m:i. nutes o.t5 March 11, 1981: On pa. ge 5,
tlnd. er [1t:'-480, the 'f:i rst sentence i.n the s:i. xtt'~ para. graph should read: "Comm:i_s-
sione'r Schaefer stated that she was concerned that commerci. al. bui.'l. dings are
bu:i. lt: w'i. th tlne idea o.~ provi. ding tax revenue, a. nd they become commercial that
does n. ot produce tax revenue for the Ci. tv" On pao'e 7 in the seventh para-
graph., ballot i.s mi. sspelled. On page 7, in the sixth paragraph, .the :C'[rst
sen. tence should read: "The Deputy City Attorney commented that such acti. on
be a. pD'rop':'i.~i'Ue." On page 8, the f'i. rst sentence in the fourth paragraph shoul. d
read: "i.)ora Grens, 1345]. Old. Oak Way, expressed her concern that development
wi.].21_ occur, and i_t wi.].l be d:iscovered that the Southwest-Northeast Road can't bc
bctil. t Fro'm an engineering and geologic s:i_tua. tiOn." On page 8, the fol. lowing
sente'ncc:'; shou].d be added to the 'first pa. ragraph: "Mr. Moy was asked i.f-he had.
arl. y comments o'n Saratoga 's Gradi. ng Ord:i_napc:e. He :i. ndi. cated that h.e would have
to study i.~: :i.n greater detail. He was al. so asked i.'~ th.c Saratoga thresh.old"
of .10 'Ct. cut and fi]_l denth before a grad:i. ng permit was required was t>,p:ica].
of thctt off oth,~,r communities,. and. he answered that n'~os't communit:ies wi. th hil.].-
si_de development have a ~hre'sholdl~.-' limi. t of zl It." On page 1.0, the thi. rd. para-
'graph shou].d. read: ':Commi_ssi. oner Crowther stated. that there are other communi.-
ties that are sayi. ng 'no con. strt.~ction; for example, San ,.Jose and Los Gatos.
Los Catos ha.s zoned 1. and directly adjacent. t.o Saratoga to allow a 20-1.60 acre
min:i. mt.~m 'lot size. S~-~n ,.'Jose does not permit building on slopes over 15~. They
h. ave had some bi.g losses'and they sa.y they can't afford it,U (It h. as been
c'l. ar:i'~:i. ed that the minutes are correct as '~ubmi~ted ~egard. ing A:756 (Barr:ie),
th.e discussion regarding the Noise Standard on page 12, and Coin~i. ss'i. oner
Schaefer's amendment to tlne motion regard:ing Chi. qui. ta and Comer.) W:i. th the
noted correcti.'ons, Commiss'i. oner Schaefer moved to wai. vc the reading o_1: the
n~:i. nutes of Ma. rch ].]_, ]_98'1 and a. pprove as amended. Cornmiss:loner K:ing seconded
the moti. on , whi. ch was carried unanimously:.
PIIBLIC HEARINGS
1. V-54'1. R.A. Ma. dda.].cna., 3rd Street a~'~d Big Basin Way, liequest for a. Var:i_-
ante from the parking requirements described in Section 1.1.2
the Zoning 'Ordi. nance for a combined restaurant/reta. il sales opera-
ti. on in the "C-C" (Community-Commercial) l)istri. ct; continued :from
February lit., 1981
It was' reported tha. t tl~e Plann:i. ng Comm',ission made a. t~ie'l.d tr:i.p to the site,
wal. ked the proposed third parking distri. ct, and '[e'l.t that some add:i. ti. onal
stud:tes sho'[tl.'d l'~e done as to the bounda. ri. es o-i: the tt-~:i_rd pa. rk:i ng di. str:i. ct.
Sta'ff stated tha. t th.e new Staff Report: indi. cates an option of granting a
limited t:ime w:~'riance :i.n order to allow thi. s to happen. Staff described the
other option. s listed in. tlne or:i_ginal Sta'F:[ Report. Cha.~rman Laden commented
that the. Commissi_on wi].l. al. so meet w:i.~h the Vj_'l. 1;~ge Merchants Association
on th.e issue o:1: parking, to d.i. scuss no~ just thi. s appl:ication, hut all of. the
p a r k :i. n g. i s s u e s w i t h i. n t h e V 'i 11. a g e.
The public heari. ng was reopened. at 7:44 p.m.
"' .... Page 9
P1. a:~n:i. ng 'Cornmiss :ion ~.
Mi.m.~tes - Meeting 3/25/81.
V- 54.1. (cont.)
Doug Adams, th.e attorney representing l~he Brozdas, 'the owners of the s'ite,
indicated'.that they wou].d. sign a.petition 'For pa. rt'icipation. :i.n l~arking
I.)istrict !1'3 and were in 'Eavor o E the n. ew option. He added that most oF th.e'
peopl. e who wou].d be af'Eected are also in Ea. vor of it. Mr. Adams added that
they would like to conti. nue the use and. work out the parking problems.
Comniissioner Zambetti -ind. ic.a. ted that there is a conti~uous piece o'E property
that is up for sale and is part o'[ Park-i. ng D.i_stri. ct i~l. He stated that th-is
m:ight be a way of solving the parking 1)roblem. He expla:Lned that, if the
appl:i. cants were to purchase th. at property, they wou].d have the allowable
park'ino' .ffor th. eir uses that thev presently have
The time-frame for forming the assessment district was discussed. Mr.
Adams stated that they did not kllow i.E'.they were goin. g to restructure th.e.
boundaries, and :i.f they do, .:i.t woul. d probabl. y take a.t least .~ifteen months
t o f o 'r m i t. :
Chairman [,aden indicated tha. t it h. as not been determ:ined by Staf.~ yet a.s to
wheth. er there will be a need for rest'rUct(~'r4. ng o'f the bour~da.r:i. es, and the
.I~:i. gures wi].l soon be ava-i.'l_ab.l.e.
Sheld. on Ra. msay, .from MAI V, stated that they were the owners o'f the parcel.
on which the Village Square Shopping Cp.nter :i.s bei.ng built. He read. into
the record the letter they had sent to ithe Comm:i. ssion, opposing thi. s w~.riance.
The park.'irtg ratio was discussed. Mr. RamsaM stated that a possible so21. ution
may l'~e the 'requiremen. t that the Brozdas provide private parking on thei. r
property, such. a.s the level. ing oI7 the barn, and al.].ow th. en~ a ~nore favorabl. e
ratio than. is usual. l.y allowed for people who have pr-i. vate parking, g'iving
them the ,same ratio that th. ev wot~ld be all. owed to l'~a. xre in a parkino distr:i. ct
Mr. Ramsay commented that they .t~ee'l there has to be some reasonable compli-
a. nce, and. they do not feel there :i.s any of that at this point.
l~a.i. sa Kocher, 1.4159 Big Basin Way, commented that th. ey have changed their
mi.nd about selling their property, a.s l'Sreviousl7 mentioned, and some other
solution has to be found. ' '
Doug Adams pointed out that this property has been there for a long time and
had been a washette. He stated that there is a. reduction in the number of
cars with 'resl.}ect to that pa. rticu]ar building. He commented that there is
· no proof a.t this time that there i.s a large parking probl. em created solely
· - by the change in this use. Mr. Adams indicated that they were trying to
work out a solution wh. ich would he]:p"'tl~.e City.
Chai. rn~an Laden explained that a permit '. was taken out for on.e type of bus:i. ness,
and :i_t has turned 'i..nto a di-ffferent type o'f business which does require, by
ordi~ance; a di'iTferent type of parking.requirement.
Mr. Adams stated that there was no :i. nCdnt'i. ofi 'to.-.-l~a~e"a restaurant there, and
Mr Ma. ddalena fe'l.t he was runn:i. no a tearoom, irrespective of what the City
says. Mr. Ad.a~ns stated that they were t'rvi.ng to work out a solution whj. c~
would not require the ].evel:i:ng of the barn.
Mrs. Brozda, 14501 l~:i.g Basin. Way, stated that she did not know the size o.f
the barn. However, ~t'~e stressed that the barn, even though not 'of.fic:i. al. ly
decl. a. red a historical bui. llding, i.s treated. by them as such. She add. ed that
the.i.r whole propert~y has been. trea. ted ~s ]~istorzi. ca. 1 and they have preserved
a. very Fine bit of Americana. Mrs. BrOzda commented that whe'n the subject
of tearing dowll the barn was proposed a 'Few years ago, the City was opposed
to it. She stated. that they hay',... cleared up that property and renovated i.t.
Mr. Ramsay stated that, not w'i. tl~slzanding the ant.i. qu.i. ty of the barn, its
reinoVa.1. would reduce the requ.i. red numbdr of parking spaces and would also
o'Lve additional terrain on which a. parking structure could be buil. t. He
commented th. at that :i.s ~-.~. v'.i.:abZ!Fe o'i~t:i. on as 'far as t'i. me-frame.
_
V-5471. (cent.)
C, ommiss:ion. er Ki. ng moved to close the pub]j.c hearing. Comm:i. ssi. oner Zambetti
stated that he woul. d ].:i. ke to see the public bear.i. ng continued until the
Commj. ss.i. on has met with. the Vi. 1.]'age Merchants Assoc:i. at:ion, and until. the
Genera]. Pla. n V'i. ll. age area meeting .i.s held on March 50th. He stated that
he '~eels the 21ack o'~ park:i~g j.s a probZEem i.n the V:i.].lage, and the're m-ight be
some input that could help.toward a sol}.ution oi7 th.i.s problem. Commj..ss~.ormr
K:~.ng wTi. thdrew hj.s mot:i. on to close the pub'l. ic heaT'-ing.
Commiss:i. oner Monia stated that ~.t wa.s !~'is understandi. ng th.a.t th.e Comn~j. ss.~on
wot.~'l.d have responses back .fir ore the V:i.l~age Merchants to the Commissi. on's
questi. ons at the previous meet:Eng. He commented that he would like to see
some k'i. nd of 1.i.m:i tati. on. as to how long, th:i.s item 7is to be contTinued.
Cha. i. rman Laden agreed, sta. t:i.-ng that she would ].j. ke to cont:i. nue the matter to
a date speci:f~c, b.y which tj. me the Comm:i. ssj. on would have had a. chance to
meet with the Vj.l.l. age Mercha. nts an.d have the report back .from the Staff as
to the park:i ng district st. atistj. cs. She stated that the Commj. ss:i. on. should
be able to put together a meeting w:kth. the merchan. ts w:i. th-in the next month.
Comnxj. ssi. oner Zambett~. commented that hb feels this use :i.s a very appropr:i. ate
one, and he th.:inks that MA]' V have a. Ve'ry good a. rgtunent. He stated that he
a.nd Commiss:i. on. er Bol. ge'r w:i. ll report 'baCk on the Vi.].lage a. rea meet:i_ng on
March 50th. Commissj. oner Zambetti added that it 'i.s :i. mportant that the
al~p'l:i cant obtain a petitEon. to form Park:i. ng 1):i. strict Ii'3 an.d that th:i.s goes
'f o 'r t h.
lit was suggested that th.ks matter be conti. nued to 'May ].3, ].9821. Comm'i. ssi. oner
King stated that i:f the matter is to be continued, he 'felt the Conm~iss:i. on
shot~l_d ask 'for an aggress:i. ve pursuance. to th.e solutj. on. He :i:'nd.:k,..:::~.ted that
he appreciated Commj. ssioner Zambetti~s: sentiments, 15ut he t. hi. nks some act:i. on
cou].d poss:i. bl.);' e-v:e:iT 'b&"{dk~n".'aul;in'g :t.h~ n. ext few weeks.
Comm:i. ssi. on.e~' C'rowthei: sta. ted t. ha.t he wpul. d li. ke to see a .firmer statement
'i.n the Sta]~:f Report, req't~'i.r:i'ng the app'l:Ecant to take act:i. on. i.n. the estah'l:ish-
merit o'f the parking district :if the 'va~]:an. ce were gr~:m.-t:ed..for a speci. fic
period'of time. Fie asled if i.t :[.s pos=sj. ble 'for the Comm:i. ssj. on to requ:i. re
th:i.s. ..
Ch:-~.:i rman 1.re. den stated that sh.e th:i. nks 'that 'it was written 'i.n some o,f the
p~':ior approva'l.s; that :i.n fact the appl.i.'cant was 'requi. rod to carry the r~et.j. tion
and c:i_rculate :it. The I)eputy City Attorney sta. ted that t~e believed that was
the case, and 'there 'is al. so precedenoel for roqu:i ri. ng the jo:ining o.f an assess-
ment district to be 'formed in t:lne futu~re as a condi. t'ion :for approval.. He
d.:i. sct~ssed the. new opt:ton, sta. t'ing that5 to grant the var:i. ance .for a 'l :i. mited
per-i. od o:f ti. me wou'Ld st'i.].] requ:irO'tlne: mak~.ng o.f th.e f:i. ndings necessary for
a. var:i.a. nce. He ad. ded that even the g'r.antj. ng of the variance for a ].im:tted
t.i. me a. lmost j. mpli. es the d':i..tTficulty :i.n mak:i. ng the necessa. ry f:i. ndj. ngs to some
degree. He suggested that, :i.f more j.~f'ormation is needed, the best th-i. ng
would be to cont.tnue 'it as has been pr:oposed, a. nd the so'lut'ton coull. d be
worked on dur:i. ng that tj_me an.d the ma.t,ter be :l.e'ft open if poss:i.b:le.
Chaj_rinan Laden stated tha. t Zhev felt the Comm:i. ssion :i.s requj. red to take some
act:i. on within a very near 'ghture of ei:ther a. llowin-g the use and taking
whatever steps necessary wi. th prior pa.'rking d:i. stri cts; a. llowi. ng th:i.s use
to cont:inue w:ith the kind o:f parking we have or a new parking di. st'rict bej. ng
'formed, or :fina].ly sayj. ng to the appfl. l:cant that the find.i_ngs cannot be made.
She stated. that she 'Felt the s:i.x wee. ks: wi'l.l. give the Commissj. on a ctnance to
meet w:i. th the merchants, 'to :l'i. ster~ to 'the (~eneral. Plan review, and also to
have the appl. j. cant pursue actj. vely th. ose other 'merchants j.n the thj. rd park-
'ing d.j_str:i_ct, to see what reasonah'l.e s.:i. gnatures can he obtained on a petit:ion.
Parkj. ng for a standard reta:i. 1 use was .discussed. lit was exp].ained by Sta:fE
that the bus:i. ness 1.:i. cense :[nit:i. ally was fo~' a. teahouse, wh.tch would. essen-
tiaTl. y be retail.; ttney did not antj. c'i p. ate seat'i. ng for a restau. rant or se'rv-
:i_ng of food.. l't ~qas clarified that one 6f-the opt:Lens would be to return
to the or:tg.i.n. al. i. ntended use; the i'~a. rk_ino' rati. o would then be ].:200 a.s compa.'rod
to 21.:75.
5
v - . 4.1i
Ross 'Maddal. ena, owner o17 th.e restaura. n':t, stated that 'it was never his
· i. ntention to operate a restaurant. l"le. explained. that he applied for a
btisiness ].-i. conse to open a teahouse wh':i. ch'wouZld serve Zl.:i. gl~t tea, cakes,
and have retai.].. lie stated that he a'l.'so api~'l.i. ed-I7o'r a boer and w-i. no
'l. icense which was a.t~proved by the 'Ci. ty. Mr. Maddal. ena -knd:i. cated that he
.thought :it .was un'~ai.r t.o put the use i_n the c~tegory of a 'rest~-.~u. ran. t. lle
(:.onunented that there was a tremendous :demand .17or this use .in the Vj_Ll'l.a. ge.
I.t was directed that this :itc. m be cont~:i. nued to May 13, 198'1..
2. V-54.3'- .Korne]. Sp:iro, ].9753 Mi_noqua. C::ourt, Reqttest for a Va.'riance t.o aL!.l. ow
the c. onstructi. on o'17 a 4'16 sq.' 'tft. so'lar acc. essor), structure (aleout
5 5' hio'h) to ma:intain a S' r.ear yard where 25' :i.s 'requj. red; con-.
ti.n.u. ed '[rom Februarx~ 25, '1_98.1.:
St. a171T described. the proposa:l., st. ating':.that th.c Land Use Comm:ittee had met on
site. St.a-l~'f indicated. t.h~:~t they' can make the .f:i. ndings l:.or approva:l..
The pub21. ic hearing was opened at 8:50 :p.m.
Davi. d ,l'oiner, ITrom the soYEar hea. ti. ng c:ompany, .stated that the l~roposed 1. oca-
l:i. on JTo'r the st'rt~cture i.s the best on.e., and they are happy to see that Sta:17t7
· to",'ees ~.~'i. th then~
Commi. ssi. oncr .7:~i.n~l>etti. moved to c'l. ose rhe public heari. ng. Conm~:i. ssioner K:i. ng
seconded the n~Oti on, wh i. ch was ca. rr:i. ed unanimous'l.~'.
'Comm:iss:i. or~er Bolger gave a report on rhe onjsite vis:i.t. FIe descri. bed the.
or:her a].ternr-~ti. ves, but ag'Feed that the proposed ].ocation :i.s the best one
l'or the' parmiLs. :
Comn~.t~si. on.e'r Zambetti. moved to alyprove V-545, per Exhi. b:i. ts "1'~" and "C",
m~:~k':ing the '[5i. nd.:ings. Conm~issi_oner Cro3vther secondeel th.e moti. on, whj_ch'was
. ca. rri. ed una.n.i. mously. 'l.'he a~Dpl:ic. ant wa.s i. nformed off the ten-day appea].
he r i. od
5.' A-76]. - N:ino (;a:ll.o, ReqUest for F::i_nal. Des:i. gn. Rev.i. ew Approval -trot a two-
story, si. ngl. e-fam'i l.y dwel:l. jn~ that would be' over '22' j.n he:i. ght
(30' max.) on a .l. ot w:i. th an ayerage s;lope less than .1(}% :i~l the
1~-'1-20,000 distr-i. ct on Mende:l:sohn Lane, Tract 655'1., Lot .1~':1.5
Star-l: de, scr:i_l~ed the current proposal., :stati. ng that 'it. comp].i. es with the
criteria o:lT th.e urgency ordinance.
The l~ul~l.:i.c hear:i. ng was opened-at 8:40 'p.m.
Commiss:i_one-r King moved to close the pt~bl. ic h. eari. ng.. .Commi. ss:i. oner Zaml~ett.i.
seconded the n~ot.:i. on , wh:i.c.h was carri. ed,' unanimousjl. y.
The Comnri. ssion reopened the pub.l.i.c hez:~'ri. ng to al:l. ow 'l.ynn 'Bel.]., 2()(190 Men-
de21_s-ohn, to address the Commi. ss:i_on. She stated that she is directly 'fac-i. ng
th'e property. Mrs. Be:ll i. ndicated that her mai. n concern, and that o:1: lner
nei. gMSors :ir~ the back, is tlne; height o:f th.e enti:re home. · Star17 explai. ncd
that SC} ft. is ttne '~llaXinltn~l he:i. ght o-f. the strut. lure, but .not of the ent. i. re
st. rt~cture :i. tsel:17. Mrs. BoI. 1." stated th. at she .ffel. t so' retch o:~ the prope'rt)~
has been taken up bv these mammoth homes that few trees are l. eft, and she
asked what i-~.~".=a.r.b't':D..e:i:.rtg removed :i_f th.i.s home i.s approvcd. 'It was expl. ziti. necl.
that 17our trees a. r6 ~chedu:l. ed.to be re'mov'ed -17or .thi_s. l~tt:i. ld.i. ng, and the bui. ld-
ing envel. opes were estab:l.i. shed t.o keep' as many trees as possib:l.e. The 1:tees
were poi. nted out on the map to Mrs. l~el. 1..
The mz~.p was also shown t.o Mrs. Sherman:, '2(~)1.5 Bonni. e Brae, who lives d'i. rectl.)~
a..:.ross the street :from tl'~'i.s home. She st:ated t:hat sh.e was concerned aleout
the t. rees'l.~ei. ng :removed, bec~use she did not-x~anr. to 'look out a.t a 2-story
h o ~1~ c~.
4
.P'I aThnl__ng (iommi. ssion · Page 5
'M~ nut es - Meet ~i n g ' 3/2 5 / 8 1
A- 761 (cont.)
N:i.t,~o Gal]o, the developer, stated that from the street the v. roof top or the
secon. d story of th.e house will. not be .seen. He 'indicated that they have
a tree surgeon wh~' wil.1. t'ri.n~ the existing trees on the property.
Commissioner Schaefer commented on the he:i. ght of the other homes ~'n the
neighborhood, stating that she fe].t a. :two-story home is appropriate here,
but she thought this design was too high; a 25 or 26 Ft. height .Would be
much more appropriate.
Sta.ff commented that tl~j_s structure m~.:inta-i.:ns a. 45 :ft. front yard, which is
about 15 -Et. greater than th.e standard front yard i.n that area. They
:knd:i_cated th. at this also has some mitigation on the i. mpact.
Comm-issioner Monia commented that the 'City Council has requested from the
C'i. ty AttOrney an emergency ordinance'-'cor~cern. ing both the two-story and
s.i. ng'l.e-story relationshi. p of I~ui].ding :site to im~efvious'are'a. He th. en
s~lggested that this -i. tem be postponed,, s.1~:e i.t was s. fipposed to be dra.:Eted
and presented to the City Council next week.
Councilperson J'ensen commented that tl~e (]:ity Counc:i. 1 has been very con-.
cerned during .the last six months over the size and height of structures
and also setbacks. She indicated that they have requested the City Attorney
to draft an ordinance to be used in the inter:ira, while .the Design Review
Ordi. nance is being developed.
Chairman Laden co~tunented that she thoL.}ght the consensus'among the Commission
a.t a. study session had been. that it was not in ~ .Form that was acceptab'le
for u. se in determining any of the criteria for the sizes of homes and set-
ba'cks.
COuncilpets'on Jens'=e~. s~'a-t~d"'that apparently the urge'ncy ordinance now being
used has not reall. y done the who].e job. She stated that the City .Coun. ci].
is concerned a.]so about the variances that have been given for the height
o.f buildings. She added that they ar6 concerned that the setbacks are not
clear in the ordina:nce, an.d th. ey feel .it is time now that they look a.t all.
of those issues and bare an ordinance to use in th.e interim.
Th.e .Deputy Ci_ty Attorney commented that commercial structures are not covered
under th.e present urgency ordinance; therefore it sounds like there is a
des:ire by the City Council to expand the scope of the ordinance to include
that type of improvement.
.:
Cou~lcj lpe'rson 'Jensen' ~ted that it was not the"intention 'of 'th.e. council
to usurp the ability of the (]omn~issio~] to work out a. smooth ordinance, one
that rea]..ly .fulfj].ls 'the goals of the'General P].an, but to get something
to use in the interim while the CommiSsion ma.k~s the ordinance changes that
they feel wou].d be a~propriate.
Comm:i. ssioner Monia stated that he fel.~ it would. be appropriat. e to postpone
this particu].ar item :f. or'two weeks, t6 see what is proposed as far as a.n
emergency 'ordinance is concer'ned, and;also in light of the fact tha. t there
arc some other concerns about the' height o:f~the structure.
Comm'[ssioner Zaml~ett:i discussed the ct~'rrent Emergency Ordinance and the -IFi. ve
c-rjteria in it. He stated that this is the ordinance under which the
app'l. icant has submitted his app'l~cati. on , and i.t has been legally noticed.
lle ad. ded that the five criteria have been met, and he has a problem with
chang:i. ng the criteria at this time.
Commission. or Crowther stated that the comments from the residents in the
area and Commissioner Sclna. e'~er were d.irected primari].y toward Criteria ~5.
t4e add. ed that he 'f. ee'l.s .there is a. question about whether that criteria has
been met.
Comm'issioner Schaefer indica. ted that she had stated. it was out o'f character
.because of th.e height. She stated that there' is disagreement -in
- 5
A-761 (cont.) :
the neighborhood; some fee]. th. at a two-story design is appropriate; some
do not.
Commissioner Zambett:i. stated that he would '].:i. ke to cont:i. nue the matter;
l~owever,. he felt that t. he decision has t.o be ma~e on the present urgency
ord:i. nance' and the cri teri. a listed in that.
Comm:issioner Monia statcd tha. t he felt. i.t :is thc Commission's responsil~i].itv
'to rccogn:i. ze that there are problems, 'and if the C:ity Counc:il j.s going to
ta. ke specific action on an. interim ord:i. nance within the next seve'ral weeks,
he feels the Commission shou].d postpone th:is item to see what their guidance
m .i g h t b e. ..
Cha:i. rman Laden sta. tecl that she agreed.with Conm~iss:i. oner Zambetti :i.'n the
:fa. ct that the crjte'r:i.a have been established and the Comm:ission h. as a
rest~onsibility to. work w:i. th:i.n wh. at is ~a present ord:i. nance and not what may
happen .i.n the future. She sta. ted tha. t sh.e felt the Commiss:i. on has the
ab:i.:l:i. ty h. ope:fu'l.].y to make th.e decis'i. oO.to approve or deny this bui:I di. ng, or
to ma. ke recommendat:i. ons to' the a. pp.l. ica. nt o'f those thi. ngs we feel. neect to
be changed about' the arch'itectur'a'l: style of the bu:ild:ing.
Commissioner King commented. that he fde.l.s there j.s a problem in assuming
tha. t there w:i. ll be a qu.i. ck resolution. lle stated that he :felt the :i. ssue
wou:l.d dra. g on for months, si. nce there:are a lot of concerns w:i. th the
Des i. gn Rev:i. ew Ordinance.
Th.e height of the trees on the site were discussed. Commiss.i. oner Mort.in
mov'ed to continue A-761 untj_l At'~ri] 8; ].98'1, a.t which time, :i.-f a. new
emergency ordinance has not been :i. ssued by the C.i. ty Coul]cj.] referencing
the size and .iml~e'~W:i. ou.s""Ysu. r"face 'a teas ~a.1.] owdd.'.on '].o.ts, the Cornmiss i O.n '..
w'ill tak. e act:i. on on this app].:i. ca. tion under the pre'sent 3E-].60rd:inance.
Commissioner Crowther seconded. the mot:ion.
lit was dete'rn~ined that some d:irection 'shou].d be g:i. ven t.o the app]ica. nt.as to
· whether ~t~j.~ structure is ~oing to meet the driteria under the present
ordinance, if that is in ex:istence at ~the next meeting.
Comm:kssi.oner King .c'ommented that he would deal w:i. th the proposed
design very posj. tively. He stated that he th'inks the intent o:f a
lot of the Comm:i. ssion's concern about large homes 'is the home in
the 6,(J00-7,000 sq. .It. area jammed on. a. small lot. He added
that he felt th-i.s was a well designed home in a. very attractive
ne :i. gh b orh. ood.
Conun'issioner Nlonia. stated that he agreed with Contm'i. ss'i. oner Schaefer
on the height of the buildi.'ng !and would like to see, in addition
to the footpr'i. nt of th.e I~uildj:ng, the inclusion of a pool.' si. te
and th.e amount o.l~ the area o:f ::i. mpei"v'i. ous"'su'r face cov-e~]ge' ,
that the bu:i. lder would be plaHning on this 1. or.
Commissi. oners Bol. ger, Crowther and Schaefer a].l agreed that they
would like the height reduced ibetween 3 an.d 4 :ft.
Comm:iss:i. oner Zambetti stated he has no problems with the proposed.
plan.
The vote was to:ken on the motion t.o continue thi_s item for two weeks. · The
motion was ca. Srr:ied;Wit'h (;omm:lsSioners Laden and Zambetti dissenting. It
was d:lrected that this item be contin. Ued tO April 8, :198] . Regarding the
poo'l. :locati. On, Mr. Gallo commented that there js a st~13divls:i. on layout for
pools, and there :is no pool a. ll. lowed on th:is lot; :i.t is in the CC&Rs.
- 6'.- '.
P!anni%~o Comn~i. ss-i_on " Pa e ~
Minutes Meeting 3/25/8i
~a. Negatrive Decl. arat'lon [I17-,'183 Saratoga Federa. ted Church
4b. UP-483 - Saratoga Federated Church, Request for a Use Permit to a].lo~, the
12,300 sq 17t ex~ansi. on of an exist. ino' church parki. n.g ].ot at
20390 P a 'r k 'I~ I. a c e
Staff described the l~roposa] ,.' stating 'that one of thc major impacts of
this expan. sion i_s that thrcc rc-nta. l. un-i ts currentif occup'ying the s-i. te
~"ou. ld ha.vc to be 'removed to acconuno~.a.~e the .p2. rk'~ng ].'ot cxpansion. ']'he).'
cxplai. ned that the proposcd cxpansion 'does c. oml~lf ~v_i. th the standards of
thc original [IP-355. However, Staff has rec.ommended that the design of
the parking. lot b6 changed to comply ~ith cL[rrent Ci. ty ordinances. It
~.~'as noted that egress from thc l. ot ~i'l. 1. also bc a].].o~ved on an alley ~vav
bet~,"ccn the Post Office si. te and t]~i.s s:i. te. The al.l.e7 ~vay ~as di. scusscd,
an.d Staff 'i. ndi. cated 'that the applicant has sta.ted that they h. ave no pro-
bl. cm ~vith not usino' that as an egress and ~.vou]d be ~vi_7ll.. ~ to shut that
o:~:F a. nd use a 1. oo1~ system in the parkino lot
'I'he ~.~ubl. i.c hearing ~qa.s opened at 9:20 gl.3.m.
Part),' Brunn, '1 Park Pl. ace, stati. ng that she has li.ved there for zl.!.~ years,
and she quest:tons the va].idity of tearing d.o~,~n these houses and the
greenery for 42 parking p].aces. She stated that there are other residen. ts
there x,,ho have grown up in Saratoga, ~qtno, xqi. thout this housing, have no
~l. ace to 1. i. ve. Ms. Brunn c. onunented th. at she th:inks that housing 'l.i. ke th:i.s
is needed in Saratoga and tTeel. s there 'are other alt. ernat:i. ves that cou.ld
be considered. She su'g'g-e's.'t'e-d' car pool:ing, having an extra church servi. ce,
or renting extra spaces from the ~3ost office
.. ~
Staff expla.:i_ned that the apt3!i-cant coul. d add S or 6 parking spaces and
st:ill mainta. jn the residences; hox~ever, the)' did not thi. nk :i.t ~qoUl. d be
suffici. ent to make it ~,o-rthy 'tTor the c:hurch to cont:inue xqith the parking
lot expansion: The)~ added that, to expand into the center courtyard area,
~3'robablv two of the laroe trees in the center ~ou]d h. ave 'to be remo'ved
Ra:i sa Kocher, 15139 l'~a. rk 13r'i ve, commented that., 1. ittle by l. ittl. e, ~,~'i. thout
"rea'li.z:ing it, ~qe are gett:ing all. of our youno 13eople out of to~qn She
sin. ted that she did not 'Feel. xve can 1. i've ~.qithout them, and the C.ity s}~oui. ct
th:i. nk about it very ser:i. ous]_y. She added tha. t they do have to live some-
p].a. ce, and ~qhy not in Saratoga.. Mrs. 'Kocher stated that 7i:15 the Conuni. ssion
would g:i. ve j_t a lot of thought they xq:i'].]. feel. that they are more j. mport. a~t
than. th.e parki. n,g.
',l'iu'~ Day represent:i. no the church di. sc:ussed the parki. ng He stated that
they had purchased the propert7 because they a. re des~3erate for park:i. ng.
Mr. Day i. ndicated that they d.o j_ntend to retain the t~qo houses that a:re
in reasonably good shape; ~n. oxqever,. the' other tt~'o structures ~'otl]d. have to
be rebuilt if retai. ned, since th. cy are i.n very poor shape. He noted that
the ten. ants had been i. nFormed before they moved :i.n that :i.t t,,as only an
:i. nte'rim place to live. Mr. Day j_ndicated that. they hav'e man)' complaints
from church-goers, and they nox,, use tVells Faroo'S parki. ng lot across the
street, thd:antique store's park:ing, and some of the Post Office ]~ark-i. ng
'lot:'- He added that he d.i.d not th.:i. nk 'that .-busing7- i.s a feasi. bl.e l~oss:ibi. lity.
Ch~ck Hubef, .a resi. dent of 1. Park Plac:e, i. nd:i. cated that there are 4 uni. ts
:i. nstead of 5. Ile stated that he fel. t 2that i.t i.s a sha. me to consi. der four
;~ours, one day a xqeek, as a major criteria to take down some exri. sti. ng homes,
~d~en find:i. nga place to li. ve i.s a real. p'r~3blem r:i. ght nox~,. He indi. cated
that there are S tenants affected by this expansion.
Pa. tt'.,.' Brun. n cornmen. ted that this expans'ion wi.].l. on].v be a parti. a.l. so].uti. on
t.o the problend, and she did not feel it x~,as x,'o'rtln it, to tea'r do~q~l the
houses to partial'[y so'lye the parking ,prol~l. em. She stated that she :i.s happy
'~,:i. th the condi. ti. on of her house, and s'he did not feel there xqere that many
'[n~provements needed for th.e houses j. nv.o].ved.
7 .-
P '1. ~.n'n :kng comn~ i s s i on Pa ~e 8
M~:~nutes Meeting 3/25/81
UP-483 (cont.) :
Dennis Schal]dr, Los Ga~.os, stated theft he was a .f~riend, and his moth. er
has gone to two churches :i.n the past ~d~e'r'e I~us~n.g :is the onl. y way they
ca'n handle the overflow. He commented that ma.vbe a sma].] van could be
used, and the income the ch. urch gets :if'tom the residences would be used
to maj. ntain it. ..
Commissioner Zambett4. moved to close ~he pub]:ic hearing. Comm:iss'ioner
:King seconded the motion, which was ca.'rrj. ed unanimously.
Commission. er Zambetti commented that he fee].s that, at th. is time, ~t is
improper to a].]ow these ui]jts to be dBstroyed,-.s.'i.n. ce there are onl.y 96
rental units i.n the Ci'ty. [te stated'~hat he feels i.t is more important
that these peop].e have a place to live, and the I}eop].e who attend that
church can find a place to park with. in the Village area and walk to and
from the churct~.
Commissioner Scha. efer indicated that .she felt the u.nl. ts are very intportant
and a:ppreciates the comments from the. people who live there. However, she
fee.Is that peop].e who own propert. y an.d meet the criteria have a right to
do with that property as otrr codes and ].aws permit. Comm:i. ssioner Scha. efer
stated that she did not :Feel that she. could vote against this appl:[cation,
and. .suggest. ed perhaps the Comm'i. ssion could make ~n on-site vis'it and see
is t~.ere js some other so].uti. on.
Commissioner Z'.aml~:etti moved to deny the Negative Declaration for U1:~--483
a. nd a].so to deny UP--483 for the expansion o.~7 the church parki. ng lot. (2on~-
m-i. ssion. er Bo].ger seconded. the motion..
(~ommissioner Monia stated that he wi]'l vote for the motion, pr:i. mari].y
becsuse of the :ffact that he does not ~hin'k the destruction of these pa. rticu-
].ar renthal. properties wi].] rea]].y rel':.ieve the problem. He commented that
he :Eee].s the problem is go:i. ng to cont4. nue to grow as long .as the membe.rshjp
grows, and he feel. s that some progressive means of dea]ing with this h.a.s to
be thought about.
Conu~:iss.i. oner King stated thajt he supported Comm-i. ssioner Zambetti's comments,
and feels that we do n. ot have a. dequat:e low-cost housing in the City. Ile
added. that he feel. s the Commission sh.~u].d do everything possible to both
preserve and create some additional housing :for people of moderate income,
.For both young and. older people. Commjss.joner King commented th. at he fe].t
this'was very important, an.d. the (]omm'iss:ion se].d. om c~ets a chance to do much
a.l;:out th. at.
Cornmiss:loner Scha. efer stated ~hat she~ would ]:ike clarification of the
mOtiOn,, ask:i_ng if t. he Conun:i. ssion :is s:ay'ing they want to maintain ].ow or
moderate-i ncome hous :i ng, which she agrees with, are they also saying that
peo'pl.e who .buy a
a:iequate for their family. because they are taking away the future' resa. le
o'fT a moderate or lower priced home?
CommS. ssioner Zambett-i stated. tha. t th.e.re :i.s such' a need. for rentals around
the V-ill. age, and. there are just a few. He stated. that he 'feels it adds to
the character of the comm~n. ity, and the City does ha. vea social service to
.t.h.e whol. e county to provide, at some 't:ime, its ~7a:ir share of rood'era. re hous-
i n.g. . ·
CommissiOner Schaefe.r stated that she: does want smalle'r homes here, but'she
wonders iiF we have to ask private part'i. es to sponsor these homes. She
3dded. she felt th.i.s-~hO~tld be conside'red before the vote is taken on this
u ~ p e rmi t.
Chairman l~a. den a. sked if the rental units are ma.:~'nt. ained, are they to be
main. ta'i.'ned to code a.nd do we require .the landowner to bring them ~I.~ to
code, or do we just ignore that and. have th.e church allow them to be
main. tain'ed on site.
8 :-
Plgnni,,n~ Commission Page 9
Minute's - Meeting 3'/25/81
U1~-483 (cont.)
Comm'i. ssioner Crowther commented that he felt tha. t is a totally separate
issue, and the decision the Commission i.s mak-i. ng at this time is to approve'
o'r '.d. eny a. use permit to allow expansion of the church parking lot. He
stated that the Commission shot~lc[ ask 'themselves whether they think it i.s
i.n' tl~e:eommun'ity's best .interest to e~pand the parking lot, and he thinks
most o.f the Commissioners are saying ~hat they aoree with. some of the comments
th. at there are other issues that are h-i. gher prior:ity, .and it is not neces-
sari.ly in the community's .best interest' to porto-it this expansion.
Commj. ssioner Monia stated that he woul. d prefer not to have hi.s vote mj.s-
construed with all the rest of the cofiversation as .to winether or not we
are'.go.i. ng to socialize:.'ttxe City, or wtiother or not it i.s the Commiss:lon's
:i. ntention to do something else with private property in th.e future.
indica. ted that he wou'ld ].ike h. is vote.strictly to be viewed as an expression
of h:i.s op:i.n:ion based on UP-483 as it is presented here tonight.
The vote was taken on th.e motion to deny U17'-483. The motion was carried,
with Commissioners Laden' and Schaefer d. issent-i. ng. TIm app].icant was not:if:i. ed
of the 10-day appeal per'iod.
Break 9:35 - 9:50 p .m.
5. l)isct~ssion of the Specific Plan for tl~e North. west Hil].s:i. des ; Continued .from
March 11, 198]_
'LIt was .noted that the ptH31'ic hearing had been c].osed at the la. st meeting.
The Commission discussed an.d added rev.i_sions to the draft Specif:i.c P].an.
l.>t~'rino' the discussion regardi~'~o' the Williamson Act Contract ].ands, the
.l)ephty Cit:y:3tt0rney expla.:ined tha. t the Wjll:i. amson Act, as :i t now reads, d. oes
not allow automatic cancellation in any event. The City iS required to
make certa:in f-indings, spec_i.'lTica]ly, that it is consistent w'ith the objec-
tive~ o'f the. Act and that i.t is not contrary to pub].it policy. The Deputy
gllty A{'t~Tey'digcugseda recent court case, stati. ng that ~.n th. at particular
case the court ruled th. at the City o'f'14ayward had not'made certain .findi. ngs,
or that the findings the~ d'id make were not st~pport. ed by substantial evi-
dence. The court held that the Wi]_.li~imson Act contemplated tlnat expiration
wou].d be the normal way by wh:i. ch lands are taken out, and not cancellation;
that cancel'lation would on:ly be appro[3riate -in emergency unforeseen s:i. tua-
t:i. ons. l. le noted tinat as soon as the decisi. on came down :i.t wa.s immediately
l=ollowcd by steps be'i. ng taken to initiate leg-i. slative change to overr:i. cte
the opi. nion of the court. He stated that he thinks it is enti. rely appropr:i-
ate 'for the purposes of the Spec-if:i.c Plan to set forth a. po].icy that it :i.s
not th.e intention or desire of the City to encourage cance].lations; that
renewal', ol: Wil].iamson Act Contracts -i.s determined to be the po].icy of the
City. However, h.e :i. ndicated that he did not feel the Plan shou].d make
reference to the Will_iamson Act a.s interpreted by the court, since that
interpretation m~ght be changed on subsequent 'l. egis]ation or on later
deci. sions.
Commissioner Monia stated that, a. fter.going through the Plan again and.
l. ooking at.the number of things that the Citizen. s Advi. sory Comm:i_ttee i.s
recommend. ino' with. concerns to restrict:i. ons of excessive public costs,
he would like to see the percenta. ge, with regards to _grad:i. ng on page 19a,
be changed from 50% to 20%. :He's.'~ggg~.~ted".-that.~-the sentence should_then
read: "Grading sho~ld be minimized (by grouping homes) and by ].ocatin~
roads an.d homesites on slopes less than 20% unZless given prior approx,~a]. by
. th.e governing bodies." Commissioner Monia exp'la-.inOd that he thinks it would
'be wise to change the percentage to 20%., since :-t;h'O~b ~Ont'i~Ues to be dis-
cOs~ion'.2-'abOut minimizing r:i_sks, and he thinks there i.s a 'risk 'Wh&n ~here is
develo'pment on. a. ny slopes, a. nd the Pla'n specifica]].y states that tl~e major
· Fa. ctor i~l risks is bui.'l. ding on slopes. He stated th. at t-hi.~'.iv'Ghld' not d.i.s--
'al'loV~ buFl'ding'On .a .slope of 30%,..bu{' i.t ~vou].d requ-ire a closer rev:i. ew of
g'overning bod:i es l)iscu. ss:i. on fo].lowed on a ]_etter f. rom [,eon Pollard, the
Pla. nning l)irector 'for th.e County, wherein he mentions the percentages
of s.l. ope suj ta. b].e for d. eveZl. opment. The cr:i. teria .Eor selecting the 30%
slope factor was discussed, and Dianne Bolger, of t.l'~e Citizens Advisory
P1 ~r;n'L-n'g Cornmiss ion Page
M~.~'utes Meeting 3/25/8].
Speci.'Eic P] an (cont.)
Committee, stated that the numbers they worked with had been in existence
w:ith. in City usage .Eor a number o.t7 months, and those are the ones they
used, ra. ther th. an the numl.3e'rs' mentioned in the 'letter from the Countv.
Conmri. ssioner 'Mon:i.a commented that h.e .Eeels that ,~:'by .'~6angiffg th:is percentage,
i_t would not say that yot~ can't l~uiId' on slope greater than 30%; what it
would say ].s that j.t will not be apprbved un].ess th. ey go through the 9toper
procedure, to determine wh. at the :i. mpagt is go'i. ng to mean for the entire
a tea . '.
Commissioner Mon. i.a moved th. at the per.centage factor i.n paragraph 4 on page
19a be changed from 30% to 20%. Commi. ssi. oner Bolger seconded the motion.
The motion 'i'ai. led, with Con,hi ss ioners Laden, Schaefer ,. King and Zambett:i
dissenting.
It ~as dOtermi.'nOd th~.t th'& ].akt pa~ft of the' sentence on page 19a, d:i. sct~ssed
ab'ove, shGuld 'read. "un.less gi. ven prio?r specific a. I3'I~'roval by govern:ing bodies."
On page 20a it wa.s .determ:i.ned that the sentence should read "No home or
other structure shall be bt lit on an area with an average s].op'e greater
than 30% o'r a.n. area th. at exceeds 40% ~'~a. ttlral s].ope at any poi. nt under the
strt.lcture ,"
The charts p~epa. red by the City Geolo.gist were discussed, and j.t was
determined that Mr. Cotton's name sho.ui.d be reffe'renced. The Mod. j. ficat:i. ons-':
and l)e~iati. ons Sections were di. sc. ussed. Tt was determined that these two
sections bc~ de.keted, and the i~olicy should be that "No deviat:kons or modi-
f:i. cations sl'~al]. be ma.d.e w.ttl~out prior written approval o P the City (;eo!.ogist."
It was determi. ned th;~t the economics report will be put i.n the Appendix.
'12t was suggested. that the I-I('~I'~D Ordina-nce be put in the Append'ix; however,
the Deputy City Attorney stated that he did not fee] any ordinance shot~]d
be p~.~rt ot~ the Plan. On. l~age 85a it was determined that there'~be the
statement "Revise necessary City ord.i_nances to implement the Spec'~.t~ic P'l. an."
Comm:i. ssioner Zambetti_ moved to approve Resolution SP-81-], 'recon.nendi. np,
the adoption of the Speci'l~:ic Plan -for' -the Northwest Hill. sides oF Saratoga.
Commissioner King seconded. the motion2.
Commi. ss:i. oner Crowther stated that he was going to vote against the mot i. on .
lie exI~la-ined that he is opposed to having Chiquita Way and Con~er go
throt~gh, and he believes that the geo. logi. c areas designated Pd, .Ps and Ms
shou'ld be inclided in th.c same category W:i:th Md. He stated :'t:.hat he also
has concern about the treatment of the scenic ridge].ines.
Comm.i. ssi. oner Mon. i.a stated that he wil:'l. a.].so vote against the Plan for the
same reasons Commi. ssioner (?rowther has mentioned, as well as the fact that
he st. ill. thinks the s].ol~t~ that is goiZng to be allowed t.o build on is too
severe, and that the C'i. ty w:i ll. be exposed. to fi. nanc:ia]. risks that are nqt
llocossa'r'y.
Commi. ssioner Bo'lger stated that he w.E].l vote aga i. nst the plan, primari].y
15eca. use of.-the"noa. ds an.d' the geology.'.
"l'he vote was taken. to adopt Reso'l. utiSn S1~.-81-1. The n~ot'i. on was carried,
with Comm:i. ssioners Bolger, Crowth. er and Monia dissenting. The resolution.
wi. ll be Eorwarded to the City CouncTi]., recommending approval. of the Speci.:Ci.c
· I'~]a.n, along wi. th the m.i. nutes o'17 the meetings oF the Pl. anning Commiss:i. on
·concern. i. ng the Pl. an.
DES [GN REV.[EW
6. A- 755 I). P. Scolari, . Chester/Via :Tesoro, l,ot it 5, Tract 5924, Single-
Family Residence, Fi. nal. l)es'i. gn Review Approval
The p'roposal was described by StaFf.. Th. ey noted that the Commissi. on has
]. I}' -
A- 75'3 (cont.)
v:i. sited the site, and the pro'ject doe~ coml_~l.y with ordinance requ:i. rements.
Commissi.o'nev Ki.ng moved t.o ~-q}prove A-.755 per Ex'h:il~:i.t "B-.I" a. nd the Staf-~
Report. Comm:i_ssi. oner Zambetti seconded the mot:ion, wh:i. ch was carr.i. ed, with
Comm:i. ss loner Monia a.l~sta :i.n:i. ng.
C 0MMU N '[ C A'I~ '[ O N S
Wr'i. tten
]. hetter front Desert 'Petro]eunl, d. at. cd February' '10, '1.9'81. Staff stated
that cons-i. deration ~F~'~j:s ].otter ~'~13~'H"~TiF~]~~, at the request of Dese'rt
Pet ro ]. e um.
2. hotter f:rom Recreat:i. ona. l Cjl. ubs ~[]nl:im:i. ted, ind:i. cat:i_ng that they are
not go-ing to build a racquet~al]. c].u~':
Ora 1. -'
'l.. ~.j:~jL.~:~rj.Z.~:'j:.]~.j~.~?.}~jZrt:A brief report was g:i. yen by (;omm:Ls s i. one r Mort ia
on the C:i.t:y Council meeti. ng he'l.d on March '16, ]981. A copy of the m:i. nutes of
thi. s mect:i. ng is on :tTil. e :i.n the City Ad.m:i.n'Lstrat'i. on Office.
2. General I~'l. an Area Meetings A sched~].e was determined' regarding
the"Y'epre~ent~tion of~"Commissi~'at the General ~]'an Review .area meetings.
5. Cha.:[rman [,aden thanked Counc'i.].person ,]'ensen 'tZor attending the meet-
ing a. nd Mrs. Eunice Stark, o'[C the Good Government Group, .For attending and
serving coffee.
A DJ OU RNH E N "1'
Commiss:i. oner Mo'n:i_a moved, seconded by Commissione'r Bo]ger, to adjourn the meeting.
The mot.i. on was carried unan:i_mously, and th'.e meeting was adjourned at 12:21 p.m.
I',SR: cd