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HomeMy WebLinkAbout06-23-1982 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION M I NUTE S DATE: Wednesday, June '23, 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, Monia and Schaefer Absent: None Minutes Commissioner Monia moved, seconded by Commissioner Bolger, to waive the read- ing o'f the minutes of June 9, 1982 and approve 'as distributed. The motion was carried, with Commissioners Crowther and King abstaining since they were not present at the meeting. Presentation of Resolution Chairman Schaefer presented Resolution No. PC-142, commending Virginia Laden for her outstanding service to the City of SaratOga, and presented her with a gavel. CONSENT CALENDAR 1. Determination of Consistency Between the 1974 General Plan and Proposed Capital Improvement B'u'dget 2. SDR-1443 - Charles Reed (Cole), Quit0 Road, 2 lots, Request for One-Year Extension 3. V-SS1 - Meredith Young (Araldi), Canyon View Drive, Request for One-Year Extension Commissioner King moved, seconded by Commissioner Monia, to approve the above items on the Consent Calendar. The 'motion was carried unanimously. PUBLIC HEARINGS ' 4. Consideration of Amendments to the 1974 General Plan of the City of Sara- toga; continued from June '9, 1982 Staff repbrted that the density issue in Area I would be 'the first item considered thi's evening. They' described' the areas that would be affected. It was noted that the 'General Plan Map indicates that thi's area will be zoned R-i-20,000; however, the 'text indicates that it will be zoned R-I-40,000.. Staff also noted letters. received in opposition to any rezoning. The public hearing was opened at 8:12 p.m. Harriet Ramsdell, 15081 Pepper Lane, addressed the Commission in opposition to the rezOning of her parcel from R-i-20,'000 to R-I-40,000. She des- cribed her site and indicated that she may need to subdivide at a later date because of financial reasons. Allen Gillming, 14780 Vickery, spoke in opposition to the rezoning to R-lL40,000 because of the setb'acks that would be created and the variances required if he desired to build an addition in the future. He described his lot and showed' overlays. Commissioner Crowther questioned wh'ether it is appropriate to consider those lots that are not directly adjacent to the R-I-40,000 area. Dis- cussion followed on the lots that would be 'involVed. F. L. Stutzman, 1S195 Park Drive, stated' th'at he was in favor of low density and would like the 'Commission to reconsider reZoning his own - 1 - ~.Planhing Commission .. Page 2 Meeting Minutes '- 6/23/8.2 General Plan (cont.) particular lot from R-I-20,000 to R-I-40,000. Raisa Kocher, 15139 Park Drive, spoke in opposition to the rezoning. She indicated that she thought' it had bee'n decided during the General Plan Review that th'is area would be zoned' according to the wi'shes of the owners. She asked the Deputy City Attorney ~garding the legality of rezoning without the permission of the owner.' The Deputy City Attorney' commente'd that thi's hearing is part of the General Plan Review, and involves discussion= of the City as a whole and particu- lar areas within the City. He added that the City can downzone and require lesser density, and the purpose of thi's meeting is to get public input. Ed Stelling, realtor, discussed the procedure he has followed in a possi- ble subdivision of Mrs. Kocher"s lot, indicating that they had been told they would have to wait until the General Plan Review was completed. He described the area and stated that he felt 'the zoning should remain R-I-20,000. ' Leonard Licardo, 20045 Nendel·sohn, described' the propert~ that he had purchased previously. He noted that there had been no indication of a reversal of the decision to have one.-half acre 'zoning in that area, and he felt his property would depreciat'e more than 50% if the rezoning occurred. Roland Shaw, Park Drive, spoke in favor of lower density. Jack Christian, 20230 Bonnie 'Brae Way, appeared to represent concerned property owners in the Mendelsohn-Montalvo area. He stated that in general most of the owners are ·in favor of requiring one-acre lots for new develop- ment. He noted concerns of nonconforming lots 'being created and the possi- bility of some lots being subdivided. Mr. Christian, therefore, suggested that the zoning stay as it is in the: 1974 General Plan map and that the text be changed accordingly. Margaret Dennis, Hill Avenue, speaking for her neighbors, agreed with Mr. Christian that the zoning stay remain as it is. Mr. Rayore, Hill Avenue, also agreed with that sugges·tion. Commissioner Crowther commented that. he would be in favor of just changing the boundary of the R-i-40,000 line ·to encompass th·ose one-acre lots that are directly adj·acent.·"'-Comniissioner King agreed and added that he felt the other property owners should express their desire, and perhaps the wishes of each ·of the property owners cotlid be sati·sfied. Discussion followed on the R-I-20,·000 boundary line. Commissioner King proposed that this boundary line be moved so Zthat those parcels in yellow, clustered next to the existing boundary line, .would be designated' R-I-40,000. It was the consensus that this be 'done, and that line would be the tentative General Plan line. Staff was 'asked to bring the map back to the next meet- ing, to allow the few 'individuals wh·O ·are impacted to review it and sub- mit their input. It was directed that 'this matter be .continued to the study session on July 6, 1982 and the regular meeting on July 14, 1982. Staff noted that the Area·J Plan and Action Programs had been previously reviewed by the Commission; however, no vote was taken on any of the specific programs. No one appeared to address the issue· of Area J, and it was directed that this issue be discussed and consensus reached at the study session on July 6, 1982. Staff explained that the're had been 'consensu·s at the previous study session on Environmental Resource Management Goals 2-10, Community Development Goals 1-8' and 10-17, Environmental ResOurce Management Poli- cies 1-11, 13-'27, and 29; Community DeVelopment 'Policies 1-16, 1.8, 19, 21-26, 28-30, and 32-35. Commissioner Monia moved for approval of the goals and policies as 'stated' by Staff. Commiss·i·oner Crowther seconded the motion, which was 'carried', with Commissioner' King abstaining since he was not present at that meeting. - 2 Plannin~ Commission Page 3 Meeting Minutes 6/2.3/82 General Plan (cont.) ..... r Ma Commissioner Monia moved to remove ENVY' 'R'e.~oU'.C~.'. CQ~'.~ ~" '_ ...... .P0'I ~'c~" =~~~".~31 ".~{'~:~d" "~p'}~f.o'Y'e~'.Tt'l_~ e.:' o_~H er '.'~'m'~. l.l-i ~'f~ "'~n. t]~.e _st a'(~. .' Dev Report. Commissioner Crowther seconded the mofion, which was carried unanimously. Commissioner Crowther asked for clarification on Item No. 31- and moved to adopt it, adding to it the sentence "Only minimum cut and fill should be permitted" (as is in the 1974 General Plan). The motion failed for lack of a second, since it was determined that the definition of "minimum" is still quite vague'. It was determined that these two items will be discussed at the study session. Discussion followed on the Kosich p.roper'ty. Staff described the parcel, explaining that the existing General Plan designation of the property is Medium Density Residential (equivalent to R-l-10,000), and the area plan indicates that this parcel should be 'redesignated to Low Dbnsity (equiva- lent to R-i-20,000). They added that the 'app'licant's representative, Mr. Getru, has submitted several let. ter's to the Commission, suggesting that the parcel be developed as a Planned DeVelopment due to its unusual shape. Sanford Getru, repres'en'ting the Kosich Brothers, indicated that he had met with the homeowners group, and h'e understood the consensus to be no... 'Ch'~njg"e, although there is some interest by individuals in the group for .alternative uses. Jim Russell, of the Saratoga Park W~ods Homeowners Association, stated that their association feels that this property should be designated R-1. He added that, after their meeting with Mr. Getru, they would like to be on record of not encouraging the 'expenditure of any money and there- by making an oral commitment that can be used for further negotiation. Alan Asby, .12421 Lolly Court, stated that the property is surrounded on three sides by property zoned R-l-10,000, and he sees no reason for changing that status for an isolated section in the middle. He cited hazardous traffic as a probl'e~ if commercial enterprises were incorporated in that area. Paul Gilvick, corner of Kosich and Radoyka,' spoke in'opposition to rezoning of the property. : Ray Simpson, 12300 Radoyka Drive, st. ated that he purchased the property because of the low density and feels that rezOning would lower the property value. Randy '.g~t~.~'eid~ ~.~" 0'f"' Saratoga Park Woods Homeowners Association, indicated that the'~ would continue working wit'h Mr. Getru to discuss any viable alternatives;. however, they had voted to have no change 'in the zoning at this time. Margaret Russell, represe'nting Area' 'D of the General Plan Committee, submitted a written change signed by: all of the members of the Board of the Homeowners Association', whi'ch requests that Brookview 'School be retained for future school use and open space, and its zoning remain Community Facility/School Site for a period no less than seven years. She requested that this matter' be reconsidered again. It was pointed out to Mrs. Russe'l'l that this matter will be before the City Council at their July 21st meeting. The Deputy City Attorney explained t~hat the 'recommendations of the Commis- sion will be be.fore the 'City Council., and the General Plan has not been amended until the City Council acts.' Discussion followed, and it was determined that the 'Commission could recommend in the 1982 General Plan that in fact Brookview or any of the school sites be left as open space or have a different use. Commissioner Crowther moved that the statement from the Homeowners Association be adopted as a policy statement for Area D. The Director of Community Planning and Policy explained that the action before the City Council is to consider a General Plan amendment. He added that the Staff's recommendation is that that they do not take the final action until such time as the .Commission's recommendation'for the General Plan Review goes to the Council; therefore, the application for the General Plan change 'is separate. " 3 Planning Commiss ion Page 4 Meeting Minutes 6/2.3/82 ~- General Plan (cont.) It was clarified that Area D is being discussed at this time, since the Kosich site is in Area D and the Commissi'on can vote on any of the items in this area if they so desire. Commissioner Bolger seconded the motion to include the statement. from Saratoga Park Woods Homeowners Association regarding Brookview School as a policy statement for Area D. The"motion carried, wi'th Commissioners King and Schaefer dissenting. Sally Carlson, Brookglen Drive, stated that 'she failed to understand how a vote could be taken' on the Brookview' School site at this meeting, without any notification to interested' parties. She 'added that she did not. feel that one HomeOwners Association should be considered as represent- ing the area, and the 'Planning Commission has already voted on this issue and forwarded it on to the City CounCil. Commissioner Monia comment'ed that there is already a similar statement in the General Plan, and the motion tonight was a reaffirmation that the Commission believes that what the citizens have come forward with and recommended in their General Plan should be adopted. Ms. Carlson agreed with that, but not with the fact tha~ it in theory represents an entire area. The noticing procedure on the various General Plan areas was dis- cuss e d. It was noted that there was a petition on record in opposition to the rezoning of the Kosich site. Commissioner Crowther moved that in Area D a specific proposal be adopted that states 'that the Kosich site adjacent to Saratoga Avenue, if developed, shall remain single family detached residential similar to the adjacent neighborhood, and sh'a11 be developed at a density no greater than R-1-15,000 because of the serious traffic problem. Discussion foliowe'd, and Commissioner Crowther amended his motion to read no greater' than R-1-10,000, and lower density may be .con- sidered to reduce traffic or other problems. Commissioner Monia seconded the motion, which was carried unanimously. The consideration of amendment to the' General Plan was continued to a study session on July'6, 1982 and the regular meeting of July 14, 1982. 5a. A-809 - V. Bellomo, Request for Design Review Approval and a Variance Sb. V-570 - to erect a sign which exceeds the maximum allowable area at 18570 Prospect Road; continued from May 26, 1982 Staff noted that the applicant had asked for another' continuance. It was noted that there was present signage of a large size 'which did not con- form to the sign program. The public hearing was opened at 7:40 p.m. No one appeared to address the Commission. Commissioner Monia moved' to close the public hearing. Commissioner King seconded the motion, which was carried unanimously. Commissi'oner King moved to deny A-809 and V-570 without prejudice and instructed Staff to speak to the applicant about the 'preSent signage in the shopping center. Commissioner Crowther seconded the' moti'on, which was carried unanimously. 6a. Negative Declaration - V-577 - Longmeadow Development 6b. SDR-1520 Longmeadow Development, Request for Tentative Subdivision 6c. V-577 - Approval for 14270 DouglaSs Lane (& corner of Durham Court), 3 lots, and Variance Approval to retain the existing guest cottage and wash room, pool, garage and shop building which would have 'nonconforming front, side 'and rear setbacks Staff reported that a letter had been received from the applicant, request- ing withdrawal of the above applications. Discussion followed, and the Commission accepted' the Withdrawal of applications V-577 and SDR-1520. - 4 - Planning Commission Page 5 Meeting Minutes 6/23/82 7. V-541 J. Brozda, One-Year Review of a Variance granted from parking requirements for a restaurant/retail sales operation in the C-C (Community Commercial) District at 14503 Big Basin lVay; continued from May 26, 19'.82 : "' 'The history of the application wa's given by Staff. They indicated that no apparent resolution of the parking h~d bee'n found at 'this time, and they were rec'ommending denial. The public hearing was opened at 7:45 p.m. Doug Adams, representing the 'applicant, indicated that they were continu- ing to try to work out 'some 'possible!'solutions. He commented that there have been no. particular parking problems 'during this last 'year with this use and requested that th'e variance be granted. The' oper'ati'on and parking of the' business was discussed. ; Commissioner King moved to close the public hearing. Commissioner Monia seconded the motion, which ·was carried unanimously. Commissioner Monia suggested that perhaps the Commission could consider changing the parking requirements for b~nks, excluding spaces for storage areas, and thereby providing some sp·aces·th~t could be for sale by the owner. It was noted' that retail property does not 'have ·to apply parking spaces for storage areas. Staff commented that this theory would be very similar to that of a parking district. They indicated that they would have to review the parking spaces in.the banks and it would be the appli- can't responsibility to negotiate with the bank for off-hour use. Commissioner King stated that he had two concerns: (1) The Commission needs to consider consistency as it applies to other applicants that were required to provide parking at tremendous expense', and (2) He feels that there is a parking problem in the· Village 'during lunchti·me. It was the consensus that this matter needs study regarding parking formu- las. Commissioner Bolger· suggested' that thi·s s.ubject could be taken up with the Village overlay. It was directed that this matter be continued to a study session on July 6, 1982 a~d the regular meeting of July 14, 1982. 8. A-829 - Clay Thomas Construction, Request for Design Review to construct a two-story dwelling On a'hillside ·lot (Lot 7, Tract 6454, Chester Ave.) in the· R-i-40,000 zoning district; continued from June 9, 1982 Staff gave the current status of the'proposal, stating that the items of concern by the Commission have been addressed. The public hearing was opened at 10:05 p.m. Carl Bumpass, the architect, described the changes, explaining that he reduced the height of the building and moved the garage up; thereby main- taining the existing floor elevations. Commissioner King moved to close the public hearing. Commissioner Bolger seconded the motion, which was carried unanimously. Commissioner Monia moved to approve A-829 per the Staff Report dated June 16, 1982. Commissioner King seconded the ·motiQn, which was carried unani- mously. 9. GPA 82-1-E - Spaich,· Consideration of Amendment of the General Plan Desig- nation of a 3.69 Acre Parcel at the Northeast Corner of Sara- toga-Sunnyvale Road and Miljevich Drive, from Proposed Park to Medium Density Residentfal (equivalent to R-1-12,500 zoning or .a maximum of 3.48 dwelling units per net· acre) Staff described the proposal, stating that they were recommending the change since the City cannot 'afford to purchase the site. When asked if the City could leave this site as a park, the Deputy City Attorney stated that the City has to ~afford the owner some economic use. He added that the City has other opti:ons,· and explained' that Proposed Park implies a parcel of land that will eventually be 'acquired by the City. At the moment the· City does not h~ve the funds to acquire 'this particular - 5 - Planning Commiss ion .... Page 6 .Me~ting Minutes 6/23/82 GPA 82-1-E (cont.) parcel and apparently does not intend to do so. He added that the City can adopt whatever density they wish', as long as the owner is not totally deprived; they do not have 'to necessarily adopt the density recommended by Staff. He clarified that an Agricultural classification would be an option. The history of the park wa's 'discusse'd. Commissioner Crowther express'ed concern regarding the setbacks from Saratoga-Sunnyvale Road, stating that he feels that the lot sizes adjacent to that road should be somewhat larger. He added that he felt this should be stated in the General Plan, rather..than wa'iting until the site approval stage. Bob Peck, 14583 Big Basin Way, appea~.ed,...represent.ing the applicant. He requested that the R-1-12,500 de'~ign.atio.n.'b'e c. ontained in the proposal. Commissioner King moved to close th6 public hearing. Commissioner Monia seconded the motion, which was carried unanimously. Commissioner King moved to recommend Resolution GPA 82-1-E to the City Council, recommending approval of the amendment of the General Plan desig- nation from Proposed Park to R-1-12,500. Commissioner King added that he would prefer to deal with the size of the lots directly adjacent to Sara- toga-Sunnyvale Road at the time of site approval, as has been previously done. After discussion, .'~ommiggi6n.6r King. amended ]~g' mo~'i6'n: to include the statement that the CommiSsion st.ro~gly'G~geg"'that the lots adjacent to the Saratoga-Sunnyvale Road be considered as possibly larger lots to help mitigate noise problems. Commissioner Monia seconded the motion, which was carried unanimously. The Deputy City Attorney pointed out to the .applicant that this is a recom- mendation to~the City Council for an amendment to the 1974 General Plan only, should the Commission, in connection with the review of the 1982 General Plan, decide differently. 10. SD-1521 Gerald Butler, Lira Drive (access from Lira Drive and emergency access to Vickery Avenue), Request for Tentative Subdivision Approval - 8 lots lla. Negative Declaration - SD-1522 - Gerald Butler llb.SD-1522 - Gerald Butler, Lira Drive and Montalvo Road, Request for Tentative Subdivision Approval - 6 lots. It was reported that the above items will be continued to the meeting of July 14, 1982 because of a requirement for.a geQlogy report. The public hearing was opened at 10;25 p.m. Harry galor, civil engineer, questioned the continuance on SD-1521, and Staff clarified that the Lira Drive extension affects both applications. It was noted that there had been on-site visits. The correspondence from the neighbors an·d..'~·l~ei~·concerns were noted. Freda Jeffs, 20500 Lomita Avenue, addressed the construction equipment use, stating that she hopes Montalvo Road will be used rather than 'tll~-·· private lane. She also expressed concern about the emergency access gate. Staff discussed the'emergency access gate construction and requirement. James Cohen, 14920 Vickery Lane, spoke in opposition to the project because of loss of environment. Donald Call, Montalvo Road and Hill~ expressed concern about the access of the project of 8 lots and the traffic increase from both projects. Commissioner Crowther requested a copy of the new map with contour lines and also asked why construction was'being permitted in this area because of the ancient landslide. He also requested an evaluation i~'·th~ project P~nH~ng Commission Page 7 .~le~..ting F~inute.s 6/23/82 SD-1521 and SD-1522 (cont.) were considered under' the pres'ent HCRD slope density standards. It was noted that a rezOning would be requi~ed to apply the HCRD standards. It was determined that the wh'ole area should be studied regarding the traffic flow. It was 'directed that these items~be 'continued to the meet- ing on July 14, 1982, and the applicant was requested to supply the geology as requested by the City Geologist. 12a.A-830 - Scott McGraw, Reques't 'for Design Review Approval and a Variance 12b.V-579 - to construct a single family dwelling on a hillside lot off Ten Acres' Road in the R-i-40,000 zoning district which will maintain a 52 ft. rear yard setback whe're 60 ft. is required Staff described the proposal, stating that they cannot make the findings for the variance and are recommending denial and approval of the design review subject to the relocation of the nonconforming portion of the structure. The public hearing was opened. at 10:50 p.m. Maurice Camargo, representing the owner, gave a presentation on the project. There was a consensus that the findings could not be made for the variance and the home could be designed within the ordinances. Commissioner King moved to close the. public hearing. Commissioner Monia seconded the motion, which was carried unanimously. Commissioner Schaefer commented that'this is an uniquely interesting designed home, and noted that all of'the trees were to be saved. Commissioner Monia moved to deny V-579 without prejudice, to allow the applicant to come back with a revised design review plan that would conform to the ordinances. Commissioner Crowther seconded the motion, which was carried, with Commissioner. Schaefer dissenting. It was directed that A-830 will be continued to July 14, 1982. 13. V-580 - Robert Sprague, Request for Variance Approval to construct a g~rage addition which will maintain a 21 ft. front yard setback' where 25 ft. is required at 13755 Calle Tacuba in the R-l-10,000 'zoning district The proposed addition was described by Staff, who stated that they were unable to make all of the findings and were recommending denial. The public hearing was opened at 11:08 p.m. Lynn Sprague, the applicant, gave a ~resentation on the addition, stating that only one corner of the garage would be within the setback. She noted th~ the neighbors are in favor of the proposal, and there are other similar garage additions in the neighborhood. Commissioner King moved to close the public hearing.' Commissioner Monia seconded the motion, which was carried unanimously. Commissioner King moved to approve V-580, making the findings. He added that the finding can be made that 'there is a physical hardship with the site. Commissioner Crowther seconded the motion., which was carried unani- m~ugly. MISCELLANEOUS 14. A-780 Jackson/Woods, 12300 Saratoga-Sunnyvale Road, Request for Modifi- catio'n to D'esign Review' ~ppr0val The request for modification was explained by Staff. Warren Jacobs.en, representing the 'developers, clarified that they have located the HBAC unit in back, which. is 'a cooling to~e'r enclosed in a masonry wall area'. He also' noted that the second story windows in the structure will be removed. Bill Benevento, ~irkdale Drive, noted his acceptance of the conditions ri,~,~hi'ng cornmiss ion "' ' .... Page 8 "Me'e~ing Minutes 6/23/82 .~,~ ~ · A- 780 (cont.) and discussed the garbage ·pickup.and loading. It was det'ermined that '··the ·following conditions should be added to the Staff Report:' (1) No major equipment that will create a noise problem is to be placed in the parking lot area', and (2) Loading is permitted only during the hours ·of 8:00 a.m. to 6:00 p.m. Monday through FridayS. Commissioner Monia 'moved to approve modification to A-7'80, per the Staff Report 'dated June 16, 1982, as amended, and Exhibits "B-2" and "B-3". Commissioner Bolger· seconded the motion, which was carried unanimously. COM~.~UN I CAT IONS .. Written 1. Letter from Public Storage, Inc., dated June 11, 1982, Re Mini- storage in C-V District. After considerable discussion, the Commission requested Staff to prepare the necessary resolution and notice a public hearing to· consider adding mini-storage to · the list of conditional uses . in the ·C-V District. 2. Ordinance NS-3.52 Staff explained that by just deleting the word- "non-profit" as a limitation'on private schools as conditional uses ~n the A, R-l, R-M and P-A districts, there 'would still be prohibitions on private art, craft, music, dancing, trade, business and profes'sional schools. They st'ated that they· have eliminated those limiting provisions that we're not discussed by the Commission in the ordinance to be forwarded to the 'Council. Commissioner Monia moved to reaffirm the previous motion to aldopt-R6s0'~t~f6/i" :GiS~3·3'87';r4commending amendment of the Zoning Ordinance, as stated. Commissioner Bolger seconded the motion, which was carried unani- mous ly. Oral 1. Commissioner Crowther gave a brief report on the City Council 'meeting held on June 16, 1982. A copy of the minutes of this meeting is on file in the City Administration Office. ADJOURNMENT' 'Commissioner King'moved to adjourn the meeting. .Commissioner Bolger seconded the motion in honor of Russ Crowther's honorary commendation from Iowa 'State University concerning his nuclear work. The motion was carried unanimously, and the meeting was adjourned at '11:21 p.m. RespeCtfully submitted, Secretary RSS:cd