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HomeMy WebLinkAbout11-17-1981 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Tuesday, November 17, 1981 - 7:30 p.m. PLACE: City Council'Chambers, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROUTINE ORGANIZATION Roll Call Present: Commissioners Bolger, Crowther,: King, Laden and Schaefer (Commissioner Schaefer arrived at ?: 40 p .m. ) Absent: Commissioners Monia and Zambetti Minutes Commissioner Bolger moved, seconded by Co:mmissioner Laden, to waive the read- ing of the minutes of October 20, 1981 and approve as distributed. The motion was carried, with Commissioners Crowther 'and King a|Sstaining since they were not present at the meeting. The following was added to the minutes of October 28, 1981, under SDR-1503 on page 4: Mr. Held was asked about the hot=.el foundation elevation of 368 ft., shown in the exhibit, said elevation being below the 1% flood elevation shown on the map for the Johnston property across the creek. Mr. Held indicated that this e].evation in the 'exhibit was incorrect and should be 468 ft. Mr. Held was asked if all of the elevations 'o'f the parking lot and the hotel were above the 100-year flood elevation, and ~e replied that all elevations were above the level' of the 100-year flood. With this addition, Commissioner King moved to waive ._the reading of the minutes' of October 28, 1981 and approve..as :n~.6~:i'~fl~a~ ......Co~misS':ii0'~'~r'~C~ox~/'th~"sehb'~de~"t~i'e "'~o'{'i'0'n' wh'i'~h"waS ca~ri. ed ". '~ith Commi'ssioner Laden abstaining sxnce :she was not present at the meeting. CONSENT CALENDAR A-799 and the Consistency of the 1981-82 :Capital Improvement Program were removed. for discussion. Commissioner King moved to approve the balance of the Consent Calendar listed below'. Commissioner Bolger seconded the motion, which was carried unanimously. 1. A-791 Hal Johnston, Argonaut Shopping Center, Saratoga-Sunnyvale Road, Final Design Review Approval for Sign; continued from October 28, 1981 ' ' 3. SDR-.].409. David Ritter, Belnap Drive, I ].or, Request for One-Year Exten- si'on of Contract for Improvement Agreement 4. Mr. C. Lindseth, 18620 Vessing Road, 'Modification to Site Development Plan for Pool ........ 5. Joel Koreitz, 13630 Surrey Lane, Modi'fication to Site Development Plan for Pool Discussion folloWed on 'A-79'9 Wi'lson De'~elopmen't Corporation, CUnningham Place (Saratoga-Sunnyv'ale 'Roa'~y, four (.4) S'ingl'e-F'a. mily Res{~nces, Fina. 1 Design Review Amp'royal. Chairman Laden abstained 'from the discussion on this matter because oF her involvement in this company. Staff described the proposal. Commissioner King gave a 'history of the project and bored previous issues of concern in this area, such 'as privacy ~for the 'adjacent homeowners and the condition of single-.story homes. I-.Ie also discussed the unusual shape of the street entering the 'development and the existing turnaround bulb. Staff commented that there was an Addendum which lists the reduction in Size of the structures on Lots A and D and the increase in size of the structures on Lots B and C. They' pointed out that this does 'not change the 'floor area ratio status. They also noted that the roof he'].ght on .Lot D wi].l be lowered from 20 ft. to 18 ft. Commissioner Schaefer moved to approve A-,799, per the Staff Report, the Addendum and Exhibits "B", "C-.I", "C-2", "C-3" and "C-4". Commissioner Bolger seconded the motion, which was carried, with Commi'ssioner Laden abstaining. ]~.~.ann~ng Commission Page 2 Meeting Minutes 11/17/81 Th.e' Ca'pit'al .Imp'ro'veme'nt Program was discussed, and Commissioner Crowther expressed concern regardin~ the'inconsistency between the amounts listed for' the acquisition of E1 Quito Park on page 1 and the last page. He com- mented that th'.e 'amount 'of $320,000 is list'ed on page 1 and $1 million is listed on the' 'last' page. He also noted that the General Plan for Area F does not mention anything about 'El Quito Park. Staff Stated that it was their understanding that the Council has indicated the in. tent to .acquire E1 Quito Park, and that is indicated in the cost break-. down on page '1. They' explained' that, regardi.ng.the '$1 million figure, this may be 'a ph.as. ing situation and the intent is 'to use additional state park bonds as they be'Come availabIe .on an annual basis. Commissioner Crowther state'd th~Zt he found that there was insufficient informa- tion to judge if the 'program i~' consistent with the General Plan, not only on that item but on other's~. Staff explained that the items on the' last page are not included in the cur'rent proposed program but are items that might be d. one in the 'future. Staff added tha't perhaps 'the last page and its effect should not be 'considered with 'the' balanc~ of the projects that are being pro- pose'd to be funded this year.~Whi.ch appear.to be inconsistent with the General Plan. Commissi'on'e'r Crowther indicated that he ~ould not approve the' program as being consisten't with the General Plan without deleting the last page, because those i. tems in particular are areas where there isn't sufficient information. Chairman Laden stated' that she did not s'hare his concern because she feels that the 'last page is a list of future anticipated or perhaps projected areas for study, and she does not see 'that having any adverse effect on the General Plan and does not feel it is inconsistent with it. Commissioner' Schaefer moved to rec'ommend to the City Council that the Planning Commission finds the 1981-82 Capital Improv'ement Program consistent w~th the General Plan. Commissioner K.ino seconded the. moti'on Commi~ssioner Crowther moved to amend the mot.~on to 'd~lete the 'final page on future Capital Improve- ment Programs. Commissi'oner' Bolger seconded the motion. The Deputy City Attorney clarified that the' Specific Plan is in place;.therefore, the recom- mendation should be that the Co'mmission finds th.is to be consistent with the 1974 General Plan as 'supplemented by the Specific Plan. The vote was taken on the amended motion, which failed,.with Commissioners Schaefer, Laden and King dissenting. The vote was. then taken on the motion to recommend...that the Commission finds consi'stency between the'current General Plan and the pro- posed Capital Improvement Program, as presented in the 'document before the Commission. The motion was carried, with Commissioners Bolger and Crowther dissenting. PUBLIC HEARINGS '7. UP-.510 -~ Moreland School District, Request for a Use Permit to allow a new master leasee (.One World Montessori) and sub-leasees (.Religious Science of Mind,~Pacific Academy, Sunburst Day Care, Developmental Learning Associates, Inc., Dance Plus, Fitness Unlimited and Karate) to occupy the Brookview Elementary School si't'e' at"123'01' Ra'doyka' Dri'Ve'; 'c'onti'n~ed fr'om October 20, 1981 The present 'proposal was 'described b~ Staff, who explained that this applicati'on had been before th.e Commission at study sessions. They commented that they were recommending approval, with deletion of some of the uses. which ~do not comply with th~ ordinance. They explained that profit-.making institutions' and schoo~ are not permitted on public properties, per the ordinance. The~ added' that ~he 'applicant has submitted a copy of their lease and certification from the State, certifying them as a non- profit organizati'on. Discussion' fol.lowed on the possibility of changing the ordinance, amending the text to 'allow different uses in the R-1 dis- trict under a conditional use permit~. Staff suggested that the Commis- sion could approve the uses that. are currently allowed and the applicant could reapply o.r modify the use permit if the ordinance were amended.. The Deputy City Attorney clarified' ti~at the non-conforming uses have a right' to appeal to the. City Council,. and at that point they might request the 'City Council to initiate immediate action for amendment of the exist- ing ordinance, should they ~esire to do so, and in t~e meantime perhaps an interim emerge. ncy ordinance could. be adopted. ~!anning Commission Page 3 Meeting Minutes 11/1.7/81 UP-.5'10 (cont.) Commissioner' Crowther stated that he .was concerned that this situation has gone on as 'long as it has and has"created a problem, because he feels it could influence 'the 'cOmmunity"s 'deCision on whether Our school sites 'sl~ould be ke~t open for recrea'tional ooen space 'needs of the communi- ty or let' them develop at 'a relativeljy hi'gh aensity. He added that he personally does' not fee'l' the"ordinances"are strong enough 'in this area. He indicated that he does' not 'think i:t was 'ever the 'intent that school sites would be used for purposes"that are 'more intense 'than their use as a school. Commissioner Crowther handed out a draft that he would ulti- mately like 'to see' in the form of an ~ordinance, listing conditions that he felt should be 'made part of this use 'permit. The oubl'ic hearing wa's opened at '8:10 p.m. Warren JacobSen, representing the applicant, stated that 'he feels 'the code, under Article 16, allows. that a use permit could be granted .f6r the other uses. He pointed out that the:schOol site is still primarily being used for education and provides community uses. The 'conditions in the Staff Report were discussed by Mr. jacobsen, specifically those limiting the number of students and the additional. paving for parking spaces. Fie also indicated that he would provide the Commission a list of the officers of One World Montessori and stated that he had submitted a copy of the document given to the State, showing that they were a non-profit organiza- tion. The traffic probl'em was discussed. Commissioner Bolger pointed out that Mr. Jacobs'en had asked to intensify the use of this site further; yet he had agreed that there 'is a traffic problem already. Mr. Jacobsen stated that it was a problem of economics. .The possibility of busing was brought · up, and B~r. Jacobsen indicated that he thought that busing would not be possible, since they do aot 'have the 'resOurces' to buy busses; he stated that they had asked their'people using the si. te to carDool as much as possi- ble. The Deputy City Attorney discussed Article 16 of the code, stating that he did not view it as expanding the scope of use 9ermits under Section 3. He explained that what it provides is that the Commission may grant use permits for conditional uses as are 'preScribed in the district regulations. He added that the 'Planning Commission has the power under the use p~rmit t~..grant variations in terms of..a~e'a'!den~ity and"s~'r~'~tu~e height; it '~0es"- npt....~a~e use per se but relates to physical characteristics of the use. Commissioner Schaefer stat'ed that she f~els very strongly that ~rogram's i~ke "~eV~i'00men'~al 'E~a.'rn'i~" Assbd~i'~t~""~r~._badl~; ~'e'ed'~'d '~7'~ 'tt~'s area"; '-i ~ iS edti+ · ."~"""aur'~-~'~' ~He' ~av she added' that ch.i'ld care is ai-so badly needed Lawrence Green, Executive DireCtor of Develoomental Learning Associates, addressed the issue 'of traffic, stating that he did not feel that problem wou].d be 'solved if the non-.complying.uses were replaced with other uses. He i.ndicated' that he felt the issues were really traffic and zoning. Mr. Green commented that he' feels there is a real need in this community for this type 'of organization. He stated that if the non-compliance becomes an issue, then h'e would recommend that the Commission at least examine the possibility of reconsidering the zoning. Paul Gilovich stated that he 'lives at the torner of Radoyka and Kosich. He commen'ted that he did not see how the'M6.f~l_and"'SChoo~""Dist'rict could sublease to anyone else other than the Montessori School, since their lease agreement b~ly':'lists that school. The"Dep'uty City .Attorney stated that the 'City is not a party to the contract. He explained that what is being dealt wi'th here is the 'use per'mit 'and the ordinances oursuant to which it is issued, and if it is denied, it will not be on the basis of some interpretation of the lease. He added that, even though the school district is in effect a oublic body,'the 'City is not going to make its d. eter'minations dependent on how the school board leases out its property. The Deputy City Attorney commented that he did not see' any real conflict, because the' school district is also' saying that Lt is required to be used for school purposes' and non--profit organizationS. Mr. Gilovich indicated that most of the traffic is in the morning, evening, and on Sunday morning. Chairman Laden commented that the Commission has - 3 - Rlanning Commission Page 4 ~.~.eeti'ng Minut-es '11/17/81 " UP - 5 10 (cont.) been considering studying the option of addressing school use 'perhaps by students per square foot, and. that souare footage of student occupation can only happen once a day'. Mr. Gilovich 'indicated that he 'felt that w. ould help th'e traffic situation, and he discussed the safety situation on his corner. Commissi'oner' Bol'ger oointed out that,' if the use' permit were 'denied, it wo'uld perhaps 'hasten" the School Distr'ict to dispose' of this property. FIe added that, under' the present zoning, between s0-~60 ho'mes could be built in this particular area and it would seem that the traffic oattern would be about 'the same. Mr'. Gilovich stated that 'he Would prefer the homes there, since he felt that' th.e hOmeown~ers wo'uld pay more attention to the area. Bill' Tulty, from Dance Plus, stated t. hat the money that One World Montessori is paying to the SchOol District i~ olffsetting the expense 'to all of the taxpayers in the County and State. lie added that the people who' use Dance Plus are 'frOm Ithis community. commissioner King moved to close the ~Dublic hearing. Commissioner Bolger seconded the motion, which was carried unanimously. Chairman Laden commented that she felt all of the Commissioners have deep' concern for this situation and feel that there are many schools and activities going on on this site that are very beneficial to the community. However, she added, the 'Commission also has concern about maintaining the ordinances as they are written. Commissioner Crowther expressed· concern about adding additional parking to the site when there is already concern about traffic. He stated that he would like to change Condition 3 to read that use of the site shall be such as to not require any off-site parking. Commiss~ion·er King expressed his concern that the One World Montessori School has taken the full responsibility for the management of this site. He stated that it is difficult to see where the 'applicants themselves are dealing with ·the commercial aspects of many of these things. He added that there is a possibility that this site may be boarded up in June, and possibly the ·Commission could consider a timeframe regarding this application. Commissioner Bolger stated that he 'agreed with ..Mr. Green, in that there are a number of services that are bei. ng nrovided to this community, whether they be prof·~it or none-profit making; .that really has very little bearing. He commented that he would like the Commission to st·Udy the ordinance in the future. Commissioner Bolger agreed with ·Commissioner King's feeling that there has ·been a lack of policing on this site·.· HoweVer, he added, he feels these services are very mucli needed in this community, and he would like ·to see· ·the leasee and the neighborhood get together and achieve a satisfactory solution. Commissioner Crowther stated that he 'felt the Commission should try to be consistent, and he recalled another ~chool site where the use of the site was restricted to no later than 6:00 p.m., with only infrequent use in the evenings. He ·added that he felt that same condition should be placed on this site. He indicated· that he strongly opposes use on the weekends because that extends it beyond the normal use of the school. Commissioner Crowther indicated that he~·fel·t that ·there ·should be general criteria that reflect on the nei'ghborhood's concerns and put th·ose in as conditions, which would achieve the objective.· The concept of regulating the use· ·to ·that wh·ich would approximate the· use of an elementary school· was discuss·ed. Chairman Laden commented that she feels the ordinance i·s very clear and she has a nroblem putting conditions on particular act·ivities and businesses that ·do hot meet· the· ordinance. She added that, if the· Commission wi·sh·es· the or·dinance changed, they should ask the· ·City Council to' do that. She indicated that it was her personal o~inion· that the· 'Commission has to meet· the· ordinance and then condition t~.e us e. The conditions of the· Staff Report we·r·e discussed, and there was a consen- sus on th·e following: - 4 - ,Fla~ing Commission Page S M~eting Minutes '11/1.7/81 UP-.510 (cont.) Condition No. 1 sh.ould read: "The maximum number of students occupying the site per' day sh'all .not exceed' the. si'te's 'capacity as an elementary sch0ol.'7 Condition No. 3 sh'all read: "Parking 's. hall be restricted to existing park- ing spaces 'on site." Condition No. 4 shall rea'd: "Class'es 'shall not'be. conducted any later than 7:00 p.m.. InfreG'uent evening mee'tings will' be 'allow'ed on site. ~.Veek'end use is to be"res-trict'e'd."' Commissioner' King moved' to 'approve UP-,5i0,. per' the' Staff RepOrt as amended, with 'the condition that 'the non'-complying uses"be 'removed by June 30, 1982. Commissioner' Sch'aefer seconded the mo. tion. The Deputy City Attorney clarified' that approval of the 'use"De;rmit would legitimate 'those uses that are there now, with a direCtive to '~t'aff not to initiate action to in effect evict those who do not con'form. FIe a. dded that the' use permit would be granted as to 'those Uses wl~i'ch 'the 'Co'mmissi'on finds to be in compliance, and those uses wh'ich are not 'are given until June 30, 1982 to find other premises or effectuate a change in th!e ordinance. The Vote..was taken on the motion. The motion was carried, with 'Commissioners Laden and Bolger dissenting. Chairman Laden recommended that the Commis- sion take the' use of school sites under consideration at a study session, and they can then recommend a change '~n the ordinance to the City Council. It was noted that there is a 10-day appeal,.period on the decision. 8a. V-562 -. C. M..Mayo, Request :for a Variance and Design Review Approval to 8b. A-794 -. allow the construction of a 'two-story dwelling which exceeds the floor area ratio by 18% where 5% is the maximum allowed at 18801 Mon't'ewo'od D'rive; 'continued'from 'Octob'er'28, 1'981 '.' Chairman Laden explained that this item was before the Commission at the last me~ting, and it received a sDlit' vote. At that time it was directed to be continued to this meeting, in order to have a full Commission; how- ever, there are only five Commissioners present tonight. The Deputy City Attorney' explained' that the applicant=, under the ordinance, would be entitled to have this matter heard by a full Commission. He stated that the applicant could consider the opti'on of having the item continued to a meeting where there is a full Commiss:ion, or having it considered at this meeting. After discussion, it was deter'mined that the applicant was not present at the meeting since he had been told there would not be a full Commission. It was, therefore, direc:ted that this item be continued to the December 9, 1981 meeting. Commissioner Crowther commented that ~he feels that considerations of neighborhood, visual impact, etc. should be made Dart of the Floor Area Ratio. lie stated that he is going to' propose a change to the 'ordinance, where you essentially allow DlUS and ;minus credits or debits that relate to some of these key issues that have come before the 'Commission. Break - 9:15 - 9:30 p.m. 9. Consideration of a Revision to the Slope Density Formula in the HCRD District to 'a 2--10 Acre' Straight L'i'ne Formula ...... Staff gave a description of the revision bei'ng considered and described the areas propose'd to be affected. The public hearing was opened at 9:38 p.m. Bill Heiss, civil engineer, stated that he has no problem with this revision; ]however', he commented that he felt there was an inconsistency in the Statement that deals with 40% slope, in that the 40% slope is being excluded from the' area', but 'on the onset it is 'required' that the '40% slope be included' in the' area to determine its average slope. He added that the 40% is an arbitrary number' and that 'factor was used when the HCRD Ordi- nance itself had a 40% limitation on !home sites'. Mr. Heiss explained that, now that th.e City is going to the Measure A density, they have really accomDlishe'd that goal~ because there 'will be a muchl'more extreme criteria .'for the 'density~ He 'added' that, during the Measure 'A deliberations, the determination was made that you shOul'd not build over a 30% slope, and yet 5 '~.!anH'ing Commissi~on Page 6 Meet'ing Minutes ·11/1·7/81= Re'vis'i'o'n' tO. HCRD (cont.) · the Measure iA'-densi·ty determinations did not put any slope removal because of 'percentages' 'in it.. ~r. Hei'ss 'i.ndicate'd that 'it 'wOuld be' desirable to have a con'sisten't formula, with 'no li.mitati'on of taking.out the 'over 40% slope,··bUt including the 'geo·log'ical ·czon·strai·nts. Staff clarified that in th·e Measure ~ Ordinance onl··y the geological hazard areas' are deducted.'. They' added that in 1979 the City Council determined that in the HCRD Ordinance ·the 40% sl·ope 'area would be sub- tracted. CommiSsioner Crowther· stated' that in Mea·sure A there is a provision that says specifically that all lands ·over 40% shall be deduct·ed from the gross area, but that they shall be included' in the s·l·ope det·er·mination. He explained that the reason for that w·a·s ·it is very difficult to integrate contour lines and determine the ·slope' unless you do it over the whole parcel. He indicated that he believ·e~d that that provisi·on is in the den- si·ty section of 'the detailed plan. ~r. Heiss commented that the 'copy of lthe Specific Plan he ·has basically deals with 'the slope categorization from the determination of where th·e building sites would be located,. not .density. He added that there is a statement that roads and building sites should be avoided on areas 30% or greater. Cliff Beck, civil engineer, supported~Mr. Heiss' statement regarding the 40%. He stated that it seems cumbersome and burdensome to everyone, and it seems-to have ·a tremendous impact. Mr. Beck also addressed the fact that there se·ems to be no tho'ught directed towards taking care of the ~roblems of poor road conditions and 'extremely high risk areas for fire in this area. He 'added that the only! way to take care of these problems is to encourage people to live there and ~ay for development. Mr. Beck stated that he feels the· long ter·m efifect is being totally ignored and he feels there should be some further thought given to studies regarding economic impact. Mr. ~amoru Inouye, 15680 Canon Drive, stated that he 'lives about one-fourth mile south of the City limits in the urban service area~ He explained that this area has been' zoned for 1 acre and the're are homes on 1-acre homesites, including the· area that is. being proposed to be included in this 2-10 acre change. He 'stated that he Objects to the pro.posed zOning'on the basis that it is rather arbitrary and he feels this area should not be included in thi·s 'change in.density. : Peter Phipps, 15270 Norton, state'd that he feels that, though it might be a chore to estimate the area of a lot. which is 40% slope density or greater, it seems quite unreasonable to consider such areas in housing which is served by septic tanks. FIe added that he believes that the 40% density in this case is not inappropriate. Ginny Carmedy, 15491 Bohl·man Road, agreed totally on the septic tank problem, especially where there is fracture and. many people are on wells. She stated that a change in density w~uld help tremendously. Don Campion, 15280 Bohlman Road, stated that a lot.of the improvements in that area are made by the people wh·O do develop the 'lots. It was noted that the number' of lots ·in the ·City that are goin~ to be affected by this change has not'yet been calculated. The Deputy City Attorney clarified'that lots of record would not be affected by 'th·i·s change; they would then become nonconforming lots, He stated that .this change is mainly directed toward' any future subdivision. Mr. Cam~ion stated that he considers ·the hi'll area something special, and he feels that the City should be thinking of keeping the hills for wh'~t they are. Mr. Hei·ss s~ated that he· did not· mean to infer that there would be building on the 40% s'lopes'; it is just in the 'computations ·of density that he is concerned about. He noted that, regarding new s'ubdivision, septic tanks are not allowed and a true ·publ'i·c wa·te·r· system is required, rather than a private.'individ~at well system. Dora Grens, 13451 Old Oak Way, c·omplimente·d the Planning Commission on ~ian~ing Commiss'i'on Page 7 ~eeting Minutes· i1·/1·7/·8·1 'ReVisi=on' t'o' HCRD (Cont.) having foresi'ght 'to thi'nk. ahea'd, and sh.'.e feels 'it would be very beneficial. Chairman Laden stated that s·h·e Would "like ·Commissioner Crowther·'s questions about the ·SpeCific ·Plan and its final form verified· in further detail= · It was ·det·er·mined· that this· matter· s]~ould be continued in order to clarify that point. The Deputy City· Attorney indica·ted that he had concerns about the language in the revision and would like 'to clarify th.is wi'th the Commission and Staff. He ·sta·ted th·~t he ~ould then have ·a revised draft available at the next meeting. It was directed· that thi·s matter· be ·Continued· to the December 9, 1981 meet- ing. 10 GF-326 ~ Amendment to Zoning Ordinance (.Signs) By Providing Open ~ou Signs.' Said application requests the· Planning Commission to take acti'on to make· permanent the temporary amendments to Article 10 (S·i·g·ns··) ,' Wh'i'ch 'alloW'e'd' ·oDe·n: 'h~o'u's'e' s'i'gns i'n' re's:id'e'n;t'i'al districts Staff indicated· that they had received no complaints during this one-year trial period. They commented that the action tonight is to recommend deletion of that provision that made this a· one-year ordinance. The pub. lic hearing was opened at 10:25 p.m. Pat Krause, representing the Los Gatos-·Saratoga Board of Realtors, dis- cusse~d the monitoring system that the. y have been using. She stated that they feel this should be made a permanent· ordinance. Pat Pope, of the Lo'S Gat_.'os'_-.S~'r~a~g~"'-B'oard of Realtors, stated that she had been policing the· area. Discussimon followed on th'e open house signs and also on "For Sale By Owner·'~ signs.. Commissioner King moved to close the public hearing. Commissioner Schaefer seconded the· motion, wh·ich was carrie. d unanimously. Commissioner King moved to approve Res·olu·tion GF-.326L1A, recommending the modification to the City Council.' Commissioner Schaefer· seconded the motion, wh'i'ch Was carried unanimously.. 11. UP-511 - J. Teresi, Request for a Use Permit to allow the construction of 32 condominium units on a 2.,53 acre site designated for Planned DeVelopment in the 1974 Gene:·ral Plan south of the intersection 'df S'arat'oga Ave'nUe and. Buckna'll Road Chairman Laden noted that the· applicant has reques'teda continuance until December 9, 1981. The public hea·ring was opened at 10:20 p.m. Margaret Russell, 12776 Saratoga Glen' Place, stated that she feels that the zoning on this prop'erty should revert to its ·original zoning of R-i-.10,000. She· commented that the excessively high density development along Saratoga Avenue should not set· a precedent. She added that, since the seniors would take no position on. the· Lohr request for 10wer·ing the a·ge limit ·for ownership on the condominiums for seniors~ she assumes that they have no further need for housing. She commented· that Saratoga Avenue should have a unified plan wh·ich will enhance the ·area·, since it is the gateway to the· City. It wa·s ·directed that this item be ·con.tinued to the December· 9, 1981 meet- ing. 12a.UP-·513 - Imperial Savings, Request fo'r a Use· Permit ·to allow· ·a financial 12b.'A-762 ~ inst'itution to locate in the. "C--C"' (Community~Commercial) Dis-.~ .... tr'ic't'. at'. 2'0·47'.3- Sa'r'atoga'-'Los 'Ga't'os' ·R·o·ad·,· a'n'd' D'es'ig'n Re'vi'ew' 'ApDroval Staff gave the history of the project~ 'and the' ·current proposal. They stated that ·they we·re recommending ap.proval of the use permit and design review. - 7 - · ._p.!annihg Commission Page 8 M~eting Minutes 11/17/81 · UP-.'5'l'.3. 'and' ~-'7'62 (cont.) The public hea'ring was opened at 10: 2=5 p .m. Doug Adams, representing the 'applicant, discussed the· proposal and the addition of the community room. He 'commented tha·t they would like to be able to use ·the· space shown as the community room in the future if they need to expand again. The alley' was =discussed, and he· indicated that they had received' an opinion that it was owned by the 'City at this time, but tl~e·y· would not get a guaranteed title 'on it until the middle of Janu- ary. The Deputy City Attorney' was questioned about the 'question of title of the alley'. He s't'a'te~ that it is a qu.es'tion of deter'mining if it is a public street'.' He 'st'ated that one 'option would be' to req'uire that the applicant arrange for som'e purchase or' at 'lea'st 'a 'license. He added that if it is 'a ~ublic thoroughfare, then there 'may be 'some responsibility on the part of the ·City. He ·added· that .if it 'is found that the Ci_~y owns.. ~.., is an integral part of the overall deyelopment. He commented that, if the applicant wiSheS to restrict public access, then it is a matter of whether the applicant wishes to buy that land~ from the City and close it off; he noted, however, that the applicant's 'circulation plan uses it as a thorough- fare. Staff stated that they had been assuming that the portion that traverses the property in question was part of the site. They stated that if it is a public thoroughfare, the City may not wish it to become part of this parking lot. Mr. Adams stated that his copy of the preliminary report indicates that all of the parking areas shown on the site plan are owned by' the applicant. .It was noted that Conditions 5 and 8 in the Staff Re~ort would cover any problems with the' alleyway. Discussion followed on the bike path in that area. Mr. George Mock, the architect, commented that CalTrans in~tends to take a portion of the exist- ing pavement for the path and not any'. part of the ~roperty beyond the road- way. Commissioner King moved to close the public hearing. Commissioner Schaefer seconded the motion, which was carried unanimously. It was determined that the condition .regarding the future use of the commun- ity not be added at this time; the applicant can return to the Commission for modification. Commissioner King moved to a~prove UP'-~513, per the.. Staff R~port dated November 12 ,. 198~ ~ mSiki~g.. 'tHe f'~'~ing'~.. '7.jdC.o~nmis'S'ioner Sch~ f.e'r s e~on~ed' ' ~"the mo~i'6n., .. wh.i~h..~¥as carried unanimously. "" Commissioner King moved to approve A-762, per the Staff Report dated November 12, 1981. Commissioner Crowther seconded the motion, which was carried unanimous ly. ~ 13a.V-563 - Michael Mauldin, Bohlman Road, Request for a Variance and Design 13b.A-~96 - Review Approval to allow the construction of a single family dwelling over 30 ' in height (42 ' ~ax) The Deputy City Attorney explained that this house is proposed to be constructed upon a portion of the site having a slope in excess of 40%. He commented that the Subdivision Ordinance per se prohibits construction on an envelope having a 40% slope, but does give the Planning Commission discretion to have variances from that. He added that, however, the HCRD Ordinance is more stringent and contains a prohibition against construc- tion' on a 40% slope, and there does n~t appear 'to be any provision for the Commission to depart from that.' He stated that, similarly, a review of the~ordinance pertaining to the granting of variances, while it refers to setbacks and heights, etc., does' not refer to slope. The' Deputy City Attorney stated that apparently thi's site did have a ~rior approval, but it was based' upon th'e structure be'i'ng' located at a different portion of the site which had a slope that did not' exceed 40%. He 'added that, as. long as the' applicant wants to put the home at this particular location on th~ site, he falls squarely wi'th'in the 'proh'ibition under' the HCRD Ordinance. P,.]:anni~g Cornmiss ion Page 9 ~.~eeting Minutes'. 11/1.7./81 V-563 and A--'796 (cont?) The Deputy Cit~r Attorney' stated that he' had discussed th.i's with the applicant's 'attorney, and it is their position that putting the home on its earlier s'ite actually' caused more 'grading and damage environmen'tally than its pres'en't 'proposed loc'a'ti'on. He' 'added th'at that may be 'a matter for this Commission and th'e City. Council to consider' in terms 'of a possible revision to the HCRD Ordinance. HoweVer, he 'not'ed', this is a situation where 'the' Commission is dealing wi't!~ th.e ordinance as 'they now read. He commen'ted th'~t, if the" Commission wer'e to ~eny this application, the appli- cants could ao~e'al. to the 'City Counci:l, wh'0' mi'g]~t 'want~"t6' ~ither ac~..mf '~heir~ -~w'n' 'or '.a~ ~t" tb:'e"'YCommis s ion' ~o" 'cons ider' the' 'ordinance per' s e. Commiss:ioner' C~owthe'r note'd' that Mr'. Cotto'n"s letters on' this are also not too 'reassuring. He pointed out that the' letter talks 'about it being a very marginal site, and now' .a different location is bei'ng considered than the one h.e reviewred. The oublic hearing wa's opened at 11:10 p.m. Bob Sch~e'nke, representing the applicants, clarified the location of the proposed residence in rela. tionsh. ip to the original tentative map. He stated that the unfortunate part about the 's.lope formula is that, once a footorint is taken and stretched out over'a longer distance on the countours, it increases 'the slope percentage. He 'cOmmented that they were asking the Commission this evening to go ahead and deny this application and give the Council some direction to clarify this formula. The geology of the site was discussed. . Mike Mauldin, the applicant, stated that he had purchased' the 'proDerty with the tentative mau already approved but no house designed, and they commis-. sioned Mr. Schwenke 'to desi'gn the' 'sa'f~st house he could on that property with the least' environmental impact. Chairman Laden stated that the Commission does not have the authority to go a'gainst this particular ordinance; however, 'the applicant has the right to appeal to the City Council, who could then direct some change in the ordinance if they felt that that was 'appropriate. Commissioner Crowthe'r commented that he believ'es that oth'er communities have similar restrictions. He added that generally it is 'considered that the steeper' the slope, the higher risk you are taking; he would not want to rec'ommend that the ordinance be changed. Commissioner Bolger' commented that in this community there are a great number of hillside lots which have a.n'. approVe.d' tentative map, and then another person uurchases it, and - ~!~.ey' w~.'nt.'anoth:~r' 'de's':'~.gn .o.n 'the 's. it.e. He stated that he has a great deal of p'roble'm with that and would like' to address' that issue at some later date'. Commissioner King moved' to close 'the public hearing. Commissioner' Schaefer seconded the motion, which was carried unanimously. It wa's the consensus of the 'Commissi'on that 'they could not approYe the modification to the site development plan for SDR-.1'396. Commissioner King then moved to 'deny .A~796 per the Staff Report. Commissioner .Crowther seconded the mot'ion, wh'ich was 'carried unanimously. Commissioner' Crow'ther move~ to deny VL563, per the Staff Report. Commis- sioner King se'conded the motion, which was carried unanimously. Commissioner Schaefer commented that th.e City Council should rev'iew designs on areas with. an over 40% slope if they are 'geologically more sound than another area'. Commissioner Crowther commented that he 'felt that that was a planning issue, and it should be 'agendized and studied at a study session 'by the Commissi'on. The 10-.day appeal period wa's noted. -. Request' 'for a Variance 'to allow 'an addition to an 14. V: 564 M. OudeWaal, eXist'ing office building to maintain a 7' side yard wh'er'e 17.2' ...... ~s req'u'~red and..to..all'ow' 'a front proper'ty line adjustment..~o "" 'm'a'i'n't'ain' 'a' '4' 'front' 'y'ar'd' wh'ere' '25"' 'i's' re'quired:,' 'a't' '1'4'3'.7'5' 'S'a'rat'o'ga '.Ave. Staff described the proposal. They indicated that there are parking spaces 9 Bl~an~ing Commission Page 10 ~.~eeti.ng ~Hnutes...11Z/.1.7/81. ~. V-'564 (cont.) that would encroach into' .the 'adjacentZ .parcel to the west, which is also owned by the' applicant.' Sta'ff noted that the Building Site Approval appli- cati'on will be 'on the 'agenda of Dec'ember 9,. 1981~ The' public hearing was' op'ened' at ll:3Q p.m. Warren' Hei'd, archi'tec~t, address'ed the 'Commission. It was noted that the elevations 'submitt'ed' had not' been included in all of' the pack'et's. Mr. Heid discuss'ed' the elevations and gave 'a .presentation' on the project. It was thee 'consensus tha't th'ey'~ would like to 'continue thi's matter until the' Building Site Approval and Design'. ReVie~V 'ap~l'ica'tions 'can be also cons.~der'ed. Commissioner' Crow'ther' st'ate'.d that .he would like to see the nei'ghb'o.ring prop'er'ty. in rel'ation'sh'i~ to this 'building. It was directed that th'i's item be' 'continued to the 'DeCember 9, 1981 meeting. 15. V-565 ~ Dividend Industries (Rodriquez'), Request for a Variance and A--797 ~. Des"ign Review Approval to allow the construction of a two-story UP~..5'12 ~ single family dwe'lling which exceeds the floor area ratio by 8% where 5% is the maximum at ~4578 Carnelian. Glen Court, and a Use Permit to allow the 'construction of a tennis court which · wo'u'~'d 'main't'a'in a. 5"' re'a'r 'ya'rd s'e.t'b'ack' where '15' is 'required Staff described the current proposal. They commented that they could not make the 'findings for the 'variance or.the use ~ermit. They noted that there appears to be 'Sufficient room to accommodate the 'tennis court on the site within th.e' 'required setbacks. ~ The 'public hearing was opened at 11: 45 p .m. F'Ir. and Mrs. Rodriquez, the applicants, discussed the equestrian pathway that extends 'above the 'northern portion of their proper'ty. They commented that the 'corner where 'they are planning to build this home has motor bikes and trespassers 'on week-.ends, and all.'of the neighbors are very anxious to have that particular lot developed. ~r. Rodriquez commented that, under the pres'ent ordinance, none of the' homeowners in that area could build their present homes. He stated that he believes thi's is a home that would really add to the cul-.de-.'sac. Mrs. J. Hoffman, 14571 Horseshoe 'Drive, stated that they live directly beh'ind the planned' home, and they a~re'e that it is beautiful. They expressed the'ir concern regarding the 'tennis court, stating that 'they feel it would be .~ve~noisy. Mrs'. Hoffman indicated' that the mechanics of the creek amplify sound. She also addressed the issue of the notification method for hearings, stating that they have not been notified of most of the hearings. Staff commented that there have been some irregularities in this area, and they are striving to improve the process. Peter ~ane, of Dividend Industries, stated that they have coordinated with the potential buyer of Lot ~2 regarding the Rodriquez' plans. He also commented that they have provided information from the title insurance company as to ~he individuals wh'o are property owners, for"the noticing. Alex ~anacusi .stated that he 'owns the ~roper'tv adjacent to the proposed development. He indicated that he has looked at.this lot on the corner for years, with its noise, dunebuggies, etc. He added that he felt it would be a shame if the ~SrZ~.~'-ho~e could not be built, since it would be an asset to the whole area. Larry Cohen, 14542 Carnelian Glen, stated that he is pleased' with the plans and in favor of the proposal. Terry Rose, 14595 Carnelian Glen, stated that ~r~ Rodriquez presently lives directly across the street from him and is an excellent neighbor. He commented that he has reviewed the 'mlan and it is beautiful and well within the setback requirements. Mr. Rose ex6ressed' his 'surprise that the City has a stated policy of res'tricting the size of' houses as to how 'large they c'an be, and also that they include in that calculation the garage area. He stated that the 'only nei'ghbor that is '~mpacted by the tennis court is the one that will eventually be 'adjacent to 'it, and those people are very much aware 'of the si'tuati'on. 10 - :'~.ia~'ning Commissi'on Page 11 "4Me'eting Mi'nutes 11/1.7/81 V-5'65',. A'-~'7'97' and UP-5'12 (cont.') Jim Omsb'e. rg, of' Dividend, stated that he feels the 'plans are beautiful and would finis'h 'off the' first phase. of the 'su'bdivisi'on and compliment the street' exceptionally well. He added'. th~at he sees it as a very legitimate exception to the 'ordinance' 'and the neighbo'rs are 'in favor. Further discussion followed on the 'e~'.uestrian pathWa'y. _Hr. Rodriquez stated that it wa's 'liste'd as' an equest'rian pathway on the subdivision map, not a pedes'trian pathwa'y. Commissioner' .Schaefer expressed' her con- cern that it be maintained as pedes'trian as well as 'eques'trian. She commented that it was' 'th.e' inten't of the Parks and Recreation Commission .that it wa's' equ'es'trian, but 'also' 'that the 'children we're far more important than any other aspect.' She 'commented' that the-other applicants in this area had another view 'of~ it. than Mr.~ RodriqueZ, who h~d stated that he · did not wa'nt trespasse'r's. The Deputy City Attorney' noted ~hat 'the' easement is designated on the map as equestrian, but that does not' necessarily exclude pedestrian. It was pointed out 'that Condition No. 4~ calls for landscape plans for the easement subject to City review. Commissioner Bolger moved to close the public hearing. Commissioner King' seconded' the motion', which 'was carried unanimously. Commissioner' Schaefer stated' that she would like something specific to show that this is a pedestrian ~athwa'y. Staff commented that, as long as the pathway is open for equestrians, there would be no way to prohibit pedestrians from using it. Commissioner Crowther stated that he'Z has real ~roblems with 'the ordinance in a case' like this. He commented ~that 'He thi~ks'a.~ange'i~n"'~h~""'0~di- · .~n ~ '~'~' ~ ~=d~ ~" 'f o ~ ~7-~'e "'~r ~ ~ ~ '~ ~ 'Si' ~e "~'0 ~"' ~=i5'~· ~j~ i c~.- ~ i r c urns ~'~'c ~ S · s similar in smze 'to home 'in the neighborhood t'hat are on smaller lots. He stated' that he could make the findings relative to the home size, but could not make them for the tennis court, since there is neighborhood .opposition and it could be built without the need for a use'.permit. Commissioner' Crowther moved to approve V--565, making the' findings with regard to the variance on the 'floor area ratio. Commissioner Schaefer seconded the motion. Commissioner King stated that he would like to discuss the findings further, since house i_s 700 sq. ft. larger' th,an the' adjacent house. Commissioner Crowther commented that he feels in 'this case it is not a special ~rivilege because of specific circumstances in' the 'neighb'orhood where th.ere are homes that are almost this size that are 'on lots that are 'smaller. Chairman Laden stated that she would" vote against the motion,' not because she does' not 'thi'nk the house is appropriate. She_'~lained that she voted against the ordinance because she feels it ~,rm'i'~'~"'~'~=~~ '~ S'~F~ ""~'u'~ S t'i'~'~ ""'~h'~'~' '~i ~d~ t.v 'S~e ~o~men~ed~th~"~t]~'r'e 'h~'~'~ ~'~'~'n"'~;"'Hu~ber of""~arian'c'e~"' ~"a result of the ordinance, and she feels this is~ 'an .ex~ensive and time-.consuming process. She stated that she' could not make the' findings. She added that hopefully the ordinanc~ will be reviewed so that people in the future won't have to go through thi's process. She explained that she feels the home is beauti- ful and fits the neighb'orhood; howe~ver, she feels it would be granting a special privilege. Commiss'i'oner' Crowthe'r commented that 'Z.'he.~does not 'feel that the ordinance is too' restrictive in some cases, i.e., building a twosstory house in the middle of one-.stories where .the' ~neighbo.rs are opposed. Howe'ver, he added, the. re are cases like thi's whe.re it ~s not 'appropriate and the variance should be 'granted. He commented that ~vhen it makes sense the Commission sh~0uld be able to 'grant a. variance 'to the 'ordinance. The' v.o~e-~'~'a~s~-'-~ke.~.'j"'~n'~-~h'~'n~otion to =approve V-.565. The motion was carried, with Comm'i'~'~'i'~n~r's~"'Ki~g ~a Laden di.ssenting. Commiss"ion'er' Cro~vthe'r moved to approve A-797, per the Staff Report dated November' 12, 19'81 and Exh. ibi~t B~i, =Commiss'ioner Schaefer' s'e'Conded the moti'on. Th'e 'Deputy City Atto'rney' cl~arified that the-ea'sement is defined - 11 - ~'Flanning Commission . Page 12 ~eeting Minute's.. 11./1.7/81 V-.5'65, A-.'7'9'7' a'n'd' UP-.5.12 (cont.) in the' 'map and doesn't really fit into. a design review approval. The vote 'was taken, and the 'motion w'as 'carried, with 'Commissioners King and Laden dissenting. Commissioner' Crowthe'~ moved' to deny UP~.5'12, per' the Staff .Report dated November' 12, 1981. Commiss'ioner' King se'Conded the' mot'ion', stating that he coul,a not make the' 'findings 'beCause 'of' th'e' deviation from .required setbacks and ther'e 'is room' to put 'the 'tennis-'court elsewhere.' The' motion wa's 'carried unanimousiF. Commissioner' King pointed ou't 'to th'e neighb'ors that the noise' 'issue is really not 'before 'th~ Commission; the' l~c'ati'on' of the' 'tennis court is. Therefore, th'e' tennis 'coUrt can l~ga!ly be built 10 ft. further over. The 10--da'y appeal per'iod was noted. DESIGN ~EV.I'E~.V 16. A-798 -. E. J. Cashin (Heid), Blue 'Hills 'Shopping Center, Prospect and Saratoga-Sunnyvale Road, Modification of the exterior of an existing 'commercial buildingsand approval of a new sign, Final " De's'i'gn Re'v'i'e~. 'Approval Staff described' the proposal. Chairman Laden expressed her concern that this is 'going to be a step-.by'-step process to improve the center, whereby the Commission' doesn't seem to have a lot of control, as opposed to comi. ng in with the complete 'modification at .one time. ~Varren Heid, representing the 'applicant, stated that they want to clean .. sh'o p uO the existing p.. ing center so' it could'be leased, and they want to get a sign program set up. Mr. Heid discussed Condition '7, regarding the vehi'cle Storage, stating that they would like to maintain the vehicles there for at least another six monthS. He also asked that the logo on the barber shop remain, since it had'been there Eor 24 years. He stated that he bel'iev'ad the lease' 'on the 's'er'vice stati'on is being renewed, and there are 'no plans at present 'to develop that site. The sign program was discussed. Commissioner' Crowther commented that, with the problems the City has had in the area and the controls that have been put on signs across the street, it seems inappropriate to approve a ~ign oE this size on this site. He stated that he has no problem with 'the design oE the building, but he ~eels that the Commission must be consistent ~egaTding the sign. 'Mr. Heid commented that the sign is against the building and conEoTms with the slope of the roo~. He added that, to make the area look properly, it seems to be an appropriate size. Commissioner King stated that he ~eels this is consistent with what the Commissi'on has 'done in the past. He moved to approve A-798 pet the StaE~ Report, modified' to alter Condition 6 to allow the continued use o~ the existing barber pole as long as that:is 'the use in the structure, and Condition 7 to read that rental vehicles stored on the 'site shall be removed within six months. Commissioner Crowther seconded the motion, which was carried, with Commissioner Schaefer dissenting. MISCELLANEOUS 17. V-.54'1 -' R... A.'. Ma'd'd'a'Iena, Big Bas'in' 1.'~ay', 9'0'.-day ReView' 'o'E Va'r'ia'nce Chairman Laden noted that a memo had been received, stating that no additional parking has been procured at this time on behal~ o~ Maddalena's, either' on or orE-site. Doug Adams, representing the applicant, asked for a continuance in order to have time to discuss ootions with..'StafE and to have .:Sore .'peop_19 present at the next meeting, He stated that it has been 'determin'e{[.tha~. the owner's 'of the Melton and Smith 'properties' are not interested in joining the Parking District ~3. It w. as sUgges:ted' to Mr. Adams that he get togeth'er with Mr. Heid, who 'also' has; an interest in this 'district, and the City Manager, to see Whether' or' not solution can be Eound to get the through access for' fire 'vehi'cleS, as. we1'1 as' continuing the proposed - 12- · 'P~anni g 'Commission n Page 13 · .~ ~j' . Meeting Minutes· 11/1.7/·8·1 V- 5·41 (cont.) Parking Assessment District. Staff explained that if tho's·e ·prop·erti·es ·are added to the ·district it would be adding negative Vot'es, wh'i'ch may be sufficient to kill it. They added' that, even if that 'doe's'n "t 'happen? thOs'e 'prop'er'ti'es' would pro- ""-: duce 'the need· for additional parking s~'aces'. It was ·directed that this matter be Continued to the· ·mee·ting on January 13, 19·81. C 0~.~'IUN I'CAT'.I ON S' ' Wri'tten · · .................................... 1. 'L'et't'e'r' 'fr'om: 'Virgi'nia 'Q'u'e'e'n., 'dated 'NoVember". '5',' 1981, requesting a temporary' use of a trailer during Ch~stmas tree 'sales, at Cox and Saratoga Avenue.' Staff not'ed' that th'i's is 'an allOwe'd' use in thi's district. Discussion followed, and Commissioner King moved that it be the' consensus of the Commission that this one--·time request of Mrs. Queen .for the month of December 1981 be allowed. COmmissioner Schaefer· seconded .the motion, wh'ich was carried, with Commissioner Crowt'he'r dissenting, stating that he felt it would cause a lot of problems. 2. Eet'te'r' ·from· A. 'I'.' Van Dalen, dated ·November 6, "I981, regarding a "Cut and ChOose' Christmas Tree Farm" operatmon. Disc~i~s'ion '~llowed' on parking and access. Staff commented that thi's use may fall under the 'use permit pro- cedure. Staff wa's requested to write a l'etter, requesting more ·information 'regarding the access and parking of this :operation. ·Oral 1. Chairman Laden thanked the GoOd Government Group for attending the meeting and serving coffee. ADJOURI~E'NT - Commissioner King moved to adjourn the 'meeting. Commissioner Bolger seconded .the motion, wh'i'ch' 'was carried. "The meeting was' adjQurned af .12:.4~"p.jm. Robert S. Shook, Secretary RSS:cd