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HomeMy WebLinkAbout04-14-1982 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, April 14, 1982 - 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, Monia, Schaefer and Zambetti Absent: None Minutes The following changes were made to the minutes of March 24, 1982: On page 5, the fourth paragraph, "Specific Plan" should be replaced with "the Area A description in the General Plan" Section 3B.9(c) at the bottom of Page 4 should read Section 3B.8(c). On page 3, under Section (iii), it should be added: "Commissioner Laden was asked if'the devploper._·Whjch she_represents has · ~"'.Cu~ii't 'f~h'anc'iat/_.i~t-er'~s:t in'~tt~e-.M'e'a.'~e'A' are~.', 'a. hd ~he ihdlcatea~:"~hat he ~'d'i'd' ~' :"~""~'om~i'~'~:~b.~e~".'Ea~n "~ve a .~6:"w~"~'~" 'tlT·e-` '~ad'in~"' 5'~ t'i~'~""~.i~i~'~"'0'f '~a rch which was Carried, with Commissioners King and Monia abstaining b~ah~'e"t.l~'ey were not at the meeting, and Commissioner Zambetti abstaining because the minutes reflect an application in which he has an interest. CommiSsioner Laden moved to waive ·the reading of the minutes of March 30, 1982·and approve as distributed. Commissioner Bolger seconded the motion, which was carried, with Commissioners Monia and Schaefer abstaining be·cause they were not present at the meeting. Commissioner Crowther also abg~a·ined, stating that he felt there was a major ~omiss.i0h.i'n'th~ ~inu~es, and h4 .~ would write a memo '~ga'~'d~Hg.'fti~'.'- =" CONSENT CALENDAR 1. SDR-1370 - George Day, Mt. Eden, 1 lot, Request for One-Year Extension This item was removed from the ConSent Calendar for discusison. It was noted that this area i~ part of the Measure A property, and because of the Specific Plan preparation the dates for the Tentative Building Site Approval and a one-year extension were held in abeyance; therefore the second one-year extension is coming up at this time. Commissioner Zambetti moved to approve tlTe. one-year extension for SDR-1370. Commissioner Monia seconded the motion, which was carried, with Commis- sioner Crowther dissenting. : PUBLIC HEARINGS 2. Consideration of Amendments to the 1974 General Plan of the City of Sara- toga; continued from March 24, 1982 The public hearing was opened at 7:~50 p.m. N6··one appeared to address the Commission. Commissioner Zambetti stated that he would like to ta·ke the Area J at the next Regular Adjourned Meeting and discuss the overlay zone for the Village and make a presentation at that time. Commissioner Monia moved to continue the public hearing to an Adjourned Regular Meeting on April 20, 1982. Commissioner Laden seconded the motion, which was carried unanimously. 3. A-810 Parnas Corporation, Request for Design Review Approval to con- struct a two-story single family residence on a hillside lot on Vintage Lane; continued from March 10, 1982 The public hearing was opened at 7:'5.5 p.m. No one appeared to speak on this issue. It was directed that tlhis item be continued to May 12, 1982 at the request of the applicant. P~lanning Commission _ .- Page 2 Meeting Minutes 4/.].4/82 4. A-811 - Ray Leap, Request for Design Review Approval to construct a SDR-1519 one-st'ory major addition to an existing residence at 14525 Sobey Road and Building Site Approval (over 50% expansion); continued from March 10, '1982 The public hearing was opened at 7:56 p.m. No one appeared to speak on this item. It was directed that it be continued to May 12, 1982 at the request of the applicant. 5. SDR-1458 - John Rankin, Request for Tentative Subdivision Approval for 4 lots on Glen Una Drive;' continued from March 10, 1982 (Negative Declaration') The public hearing was opened at 7.'.57 p.m. No one appeared to speak on this matter. It was determined to have an on-site visit by the Commis- sion on Saturday, April. 17, 1982 at 9:00 a.m. It was directed that this matter be continued to the regular meeting on April 28, 1982. 6. SDR-1516 - Imperial Savings,' Request for Building Site Approval to 1 lot (consolidation of 3 lots) to allow construction of a bank on Saratoga-Los Gatos Road.near Oak Place; continued from March 10, 1982 The public hearing was opened at 8:00 p.m. Doug Adams, representing the applicant, requested a continuance 'tO discuss some of the conditions of the Staff Report. It was directed that this be continued to a study session on April 20, 1982 and the regular meeting of April 28, 1982. 7. UP- 516 Kermani, Navai, Shirazi, Request for Use Permit Approval to construct 8 condominiums and 1 retail structure on a 42,000 sq. ft. site in the C-V .(Visitor Commer'cial) District at 14599 Big Basin Way; continued' fr'om March '24, 1982 Staff described the proposal and gave the history of the project. Com- missioner Crowther noted that the designation was apartments on the General Plan and asked if a General Plan change would be needed if the proposed use was allowed. The Deputy City Attorney stated that it was his recollection that when this matter was prev~iously discussed, the map showed this site 'as apartments;' however, the text of the General Plan indicated some desire for mixed use, and it was on the basis of that interpretation that the project was approved. Commissioner Bolger commented that :the 1974 General Plan did address that commercial should stop at Fifth Street, and this fact has been reiterated by the proposal for the iVillage Area J in the current General Plan review. Commiss'i'oner' King stated' that the' Commission had previously interpreted the General Plan, at a public hearing, as indicating that mixed use would be appropriate for this site. The public hearing was opened at 8:11 p.m. Bob Saxe, representing the applicants, discussed the chronology of the project. He noted that the project wa's the same as the previous one, with the only change being the' addition of 168 sq. ft. The Staff Report was discussed, and it was noted. that Conditions 1.and 4 should be deleted. Herb Cuevas, the architect, discussed the addition, the setbacks, and the access to the parking' district. Commissioner King commented that one of the previous major concerns had be'en the sensitive treatment necessary to go between a commercial area' and relatively high quality housing. Mr. Cuevas discussed the' garbage disposal and the proposed enclosure, stating that they' had dealt with thi's problem and there would be nothing objectionable between the two units. The parking spaces to be allocated to the parking district were discussed, and it was determined that a sentence stating "D'edicate replacement parking spaces and access there- to as required by' the City Engineer." should be added to Condition No. 3. Commissioner Zambetti commented on .the trash problem in the area. He indicated that he would like to continue this until until Area J is reviewed regarding allowing uses like thi's within the Village. Mr. Saxe urged the Commission to not continue this matter if the purpose of 'the continuance is to take a look at land use issues in the Village - 2 - PFaH~ng Commission Page 3 M'eeting Minutes 4/14/8.2 UP-516 (cont.) generally. He commented that the City has completed planchecks on the individual buildings, and the text. of the General Plan does talk about mixed uses in the Village. Discussion followed on the interpretation of the General Plan relating to this. It was noted that, along Oak Street, there are apartments and condominiums intermixed within the same zoning. Mr. Cuevas commented that their original application ha~ be'en for a total condominium project, and it was at the Commission's request that the commercial structure was added. Commissioner Crowther pointed out that the extension for the Building Site Approval had be'en denied by the Commission earlier this year. Commissioner Laden' moved to close the public hearing. Commissioner King seconded the motion, which was carried unanimously. Commissioner Monia commented that he reads the draft of the 1982 General Plan as saying that condominiums are accepted with a use permit in the C-V area. He indicated that he felt the mix of condominiums and commer- cial 'would be appropriate in that C-V district where there are now some commercial developments. Commissioner King agreed., stating that he could appreciate some concern about the commercial in the area but he does not feel. that the future General Plan is inconsistent with what is being considered here. Commissioner Crowther commented that his con- cern is that the present General Plan does state apartments, not C-V for that area, and Commissioner Bolger has further indicated that it says no new commercial south of Fifth Street. He added that he felt the reason the Commission denied the extension of the Building Site Approval was because of ~he inconsistency with the General Plan. Staff noted that the minutes of that meeting indicated that Commissioner Crowther opposed the project because of the'. inconsistency with the General Plan, and other comments were made. relative to a feeling that the entire parcel proposed should be total condominiums, and also to a feeling that the entire parcel should be residential. Commissioner Laden gave the history of the project, supporting what Mr. Cuevas had stated, that it was a total condominium project at the beginning. She explained that at that time not only the Commission, but several people from the commercial portion of the Village suggested that it would be appropriate to first try to maintain the building, which was not able to be done from a construction point, but to front onto Big Basin with some sort of small commercial project, and then have the combination of living units and commercial on that project. She added that the applicant met the request of the Planning Commission and the use permit was granted. She commented that she feels that 'at some point there 'is somet'hing to say about the consistency within the govern- mental process. Commissioner' Laden stated that it seems that the appli- cant has done all of the things that we're requested by the City in order to conform. Commissioner King moved to approve'UP-516, pe~. ~he staff Report, modified to delete Conditions 1 and 4 and adding the S'e'nte~ce' to Condition 3 regarding the parking spaces' to .be' dedicated; making the appropriate findings. Commissioner. Laden seconded the motion. DiScussioh followed on the one-year validity of a use permit and the timeframes of approved maps. The Deputy City Attorney commented that the purpose for expiration .on the approval ~is so that the conditions that are set forth in the original~ approval don't become inappropriate for the area if there h~s been some change in the circumstances. Discussion followed on bringing the periods of~th~ var'ious"~'!app~.0vals into conformity. It was noted' that-the. Tentative Building"'S'ite Approval on this project will expire in November and is not before the Commission at th i s time. Commissioner Crowther stated that he' feels it is very important that the citizens of Saratoga feel confident that thei.r General Plan, in which they. have invested so much time in. developing, is going to be adhered to. He added that he feels that the Commission owes it to the citizens to keep the General Plan up-to-date and to abide by it. He indicated that he could not vote in favor of thi's project because he feels it is incon- sistent with the General Plan. The vote was taken on the motion for approval. The motion was carried, 3 Pj~ann'ing Commission Page 4 Meeting Minutes 4/14/82 ~ UP-516 (cont.) with Commissioners Bolger, Crowther and Zambetti dissenting. Commis- sioner Zambetti stated that he voted no on the motion because of the basic concept of the' waste disposal, the access to the parking district, and the' condominiums wi'th the' commercial in front. 8. A-816 - A. Vivona, Request for Design Review and Variance Approval to V-573 - construct a second-story addition on 18851 Emanuel Court which exceeds the Floor Area Ra'tio' requi'remen'ts Staff described the proposal. The!correspondence received on the project was noted. The public hearing was opened at 9:26 p.m. Edwin. O'Farrell, representing the applicants, stated that he had basically addressed their concerns in the letter written to the Commission. Staff noted that there have been six applications for variances regard- ing design review; three have been approved by the Commission and three have been approved on appeal. The.~ p~e~.¢~t c~i-~'~'~ia' in' the De~igfi Review o:'~a'~.~a~e 'was dis~us~'~d'~ '~.~.~Th~e 'was '~ 'consensus that 'there had been some items previously discussed on. whiCh' there had been agreement, and a study session should be scheduled for further review of those items. Commissioner Crowther commented that he felt that other considerations should be measured and allowed for'in the ordinance instead of using set numbers. Commissioner King moved to close the public hearing. Commissioner Monia seconded the motion, which was carried unanimously. Commissioner King expressed his concern about the subject of granting variances. Commissioner Crowther ~ommented that he feels it depends completely on the specifics of the site and it cannot be generalized. Commissioner Zambetti commented that ]~e .'fe~IS" i.~ is time 't0 revise 'the dr~d~n~nCe'; "~'nd Suggestbd"tliat perhaps the Commission ~ho~'ld be looking" at a use' permit procedur~"to take into the concept of the surrounding neighborhood. 'Commissioner Crowther indicated that he felt this was a unique site because it is along the railroad tracks. He moved to approve V-573 and A-816, making the findings.. The findings were discussed by Commis- sioner Crowther. Commissioner Bolder seconded the motion. Commissioner Laden stated that she. feels that the City is overusing and perhaps misusing the variance process with a restrictive Design Review Ordinance that is causing people tb go through public hcarings for vari- ances' and appeal processes. She added that she feels it is inappropriate and she agrees that it should come back for a study session at the Commis- sion level. She explained, however, that she had difficulty in making the findings for this variance, and suggested to the applicant that he might wish to hold this request until the Planning Commission has met for their study session,-as opposed to:voting and having a possible appeal procedure. Commissioner Crowther commented that the Commission had granted a variance to the General Plan on a previous application this evening, and he con- siders that to be a much more serious variance than this specific case. The rot6 wa-s' taken,on the mot'ion to approve V-573 and A-816. The motion was carried, W_i'th Commissioners Monia and Laden dissenting and Commissioner King abstaining'.~ Commissioner King stated that he was abstaining as a matter' of principle; he would have voted no; however, he feels that the applicant. shouldn't be put through'the charade tlY~' last' s'~:.~' variance ."'-": applicants have gone through. Commissioner King moved that the Commission recommend to the City Council that. the entire Design Review Ordinance be put in abeyance, because he feels the City is doing everyone a disservice to continue to act as if the City has a Design Review Ordinance when in fact they do not. Discussion followed on the ordinance, and Commissioner Monia commented that he felt the proposed process is the correct one; the Commission realizes there is difficu~ with the ordinance; it is a new one, and th'e numbers have to be changed. Commissioner B.olger agreed, stating that when the ordinance was adopted the Commission realized that perhaps Planning Commission Page 5 ~'~t~ng Minutes 4/14/82 A-816 and V-573 (cont.) ~he numbers would not fit and now 'the Commission will be studying it further. Commissioner Zambetti seconded the motion, stating that he feels that design review over the next few years in Saratoga will be for the hillsides. FIe explained that 'he b'elieves the way the City Council is interpreting the Specific Plan is 'that a lot of the wo'rk of site develop- ment ~s going to be done at the 'design review level, and he does not feel that the ordinance that the City now has properly addresses the way to either group houses or put homes on or near ridgelines. The vote was taken on the motion. The motion failed, with Commissioners Bolger, Crowther, Monia and Schae£er dissenting. 9. A-817 - M. Gera, Request for Des'.i~n Review Approval to construct a two- story single family dwelling at 19136 Springbrook Drive The public hearing was opened at 9:45 p.m. No one appeared, and it was directed that this item be continued to April 28, 1982, since a variance is required and will be noticed. 10a. Negative Declaration SDR-1507 'L. Groteguth 10b. SDR-1507 - L. Groteguth, Request for Tentative Subdivision Approval for a 5-lot subdivision for. a site at 18846 Ten Acres Road Staff described the proposal. They noted that Lot #2 has two possible building sites shown, and Staff would recommend the lower site because of lesser grading. Commissioner Bolger gave a on-site Land Use Committee report. He noted that their conce'rns deal primarily with the swale and the location of the site on Lot #2. The public hearing was opened at 9':50 p.m. Bill Heiss, the.enginEer, gave a ~epresentation on the project. He dis- cussed the two alternate building .sites proposed for Lot #2. The ease- ment along the Kendall property, t.he minimum access road, and the drain- age were addressed. There wa's a Consensus that a condition would be added regarding the grading of th~ trail area. The slope density formu- la'was discussed. Don Jones, 18850 Ten Acres' Road, expressed concern regarding drainage on the top lot, stating that he was directly below it. Mr. Heiss dis- cussed the swale in the area and stated that he saw nO problem in requiring that all of the impervious area that is created on this ~r~ject be drained to the 'swa'le wi'thi'n the' site. Discussion followed on .~tH'e"d~ainage. It was determined that, since there are 'some concerns by the Commission, there should be an on-site visit 'made. John Feemster, 18800 Ten Acres', stated that he had built on a 12% slope in 1978, and h'e was limited to movement of earth in that area. He added · that they we. re 'also required to take all of the drainage from the con- struction project and take 'it undergrounded to the curb side of the street, in anticipation of some of the runoff ~roblem. Mr. Feeroster indicated that he would like to see the calculations and make sure that they are conforming wi'th the slope density in the area. He suggested that the Commission look at some of the drainage and soil conditions very closely.· It wa's directed that there will b~ an on-site visit on Saturday, April 17, 1982 at 9:30, and this item will be on the regular meeting agenda of May 12, 1982. MISCELLANEOUS 11. Request' to locate a delicatessen in the Blue Hills Shopping Center Staff described the request, .whic~ is related to the amount of ~arking required' for such a facility. A letter from Warren Heid, regarding the parking ratios, was noted. - 5 ~..,.PY~ing Commission -Page 6 ~l~eting Minutes 4/14/82 Miscellaneous (cont.) Commissioner Bolger commented that' he would be in favor of looking at the various parking ratios wi'thin the shopping centers, in relationship to the intensity 'of the uses of those centers, as well as the Village. He suggested that this be done in conjunction with the Village overlay.. Discussion followed on the proposed use. The use permit procedure for shopping centers was discussed. It was noted that there is no procedure at this time to require restaurants or food services to be under a use permit; restaurants 'are named as'permitted uses in commercial districts. After further discussion there was a consensus to direct Staff to con- sid'er this operation as a restaurant. Staff was urged to consider a use permit procedure to be further discussed by the Commission in the near future. COMMUNICATIONS .Written 1. Letter from Mr. Ron Lawson r'e zoning change, dated Ma'rch 14, 1982. The specific area was discussed, and iti. was noted that.this would be backing up to a dental office which now uses th'e parking from the church nearby. It was the consensus th~ a General Plan change would be needed. to rezone this parcel, and the 'Commission does not fee:l this would be appropriate. Oral '1. Commissioner Bolger again suggested that the use permit procedure, parking, and intensity for the shopping' centers and the Village area be reviewed with the Village over'lay. There was a consensuslto discuss Areas A, C and J at the.Adjourned Regular Meeting on April 20th, and Staff was directed to notify the representatives =of those areas. 2.' Vice-Chairman King thanked Mayor Callon and the newspaper for attending and the Good Government Group. for attending and serving coffee. ADJOURNMENT Commissioner Laden moved to adjourn the. meeting. Commissioner Monia seconded the motion, and the meeting was adjourn~ed at 11:04 p.m. Resp~ectfuliy submitted, Robert S. 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