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HomeMy WebLinkAbout10-27-1982 Planning Commission Minutes CITY OF SARATOGA PLANNING CO~ISSIO'N MINUTES DATE: Wednesday, October 27, 1982 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA TYPE:' Regular Meeting ROUT INE ORGANI ZAT ION Roll Call Present: Commissioners Bolger, Hlava, Monia, Nellis, Schaefer and Siegfried (Commissioner Monia arrived at 7:34 p.m.) Absent: Commissioner Crowther Minutes On page 4 of the Minutes the correct spelling of Kathy McGoldrick's name was noted. Commissioner Bolger moved to waive the reading of:..the minutes of OCtober 13, 1982 and approve as amended. Commissioner Hlava seconded the motion which was carried unanimously. CONSENT CALENDAR 1. Recommendation to City Council to Modify Section 13.9-3 of the Subdivision Ordinance, Requiring Rounding Down for Numbers of Dwelling Units Commissioner Bolger moved, seconded by Commissioner Siegfried, to approve the item listed above on the Consent Calendar. The motion was carried unanimously 5-0. PUBLIC HEARINGS 2a. GF-342 - Amendment of the Zoning Ordinance by adopting Article 3C. 2b. C-201 Agricultural Preserve/Open Space Overlay District. This overlay district will be combined wi'th the Northwestern Hillsides Resi- dential District (NHR) on those parcels under Williamson Act contracts. The parcels affected were previously zoned A (Agric culture) and are under Williamson Act contracts. Amendments will be per Article 18 of O~dinance NS-3; continued from October 13, 1982' The Deputy City At'torney stated that he had r.eviewed the letter received from Commissioner Crowther on this matter, which asked whether a rezoning action would be required upon termination of the Williamson Act Contract. He explained that the Government Code sections cited in Commissioner Crowther's letter do refer to th'e process of amending the Zoning Ordinance, but in those situations there would be 'a change from one permanent dis- trict to another. He added that he finds nothing in the code and Zoning Ordinance that prohi'bi'ts' in any way the classification which would expire upon the happening of certain events' stipulated in the ordinance itself, and he' has no problem with the way the ordinance is structured. He stated that the classification of land is not being changed, and the circumstances for termination of the overlay are set forth in the ordinance itself. Staff noted that the overlay district itself adds no new regulations; it merely emphasizes that the lands that are subject to Williamson Act Con- tracts will remain subject to those conditions of the contracts. The public hearing was opened at 7:38 p.m. No one appeared, and Commis- sioner Siegfried moved to close the public hearing. Commissioner Monia seconded the motion., which was carried unanimously. Commissioner Siegfried moved to recommend approval of GF-342 to the City Council, making the findings listed in the Staff Report. Commissioner ltlava seconded the motion, which was. carried unanimously 6-0. Commissioner Siegfried moved to recommend approval of C-201 to the City Council, making the findings listed in the Staff Report. Commissioner Monia seconded the motion, which was carried unanimously 6-0. Pla'nr~ing Commission Meeting Page 2 Minutes 10/27~82 -' 3a.' Negative Declaration - ·SDR- 1526 - Longmeadow Development 3b. SDR-1526 - Longmeadow Development, R'equest for TentatiVe Subdivision 3c.-V-598 Approval for 3 lots at 14'270 DOuglass Lane, and Request for Variance to retain the existing guest cottage and washroom, pool, garage and shop building which would have nonconforming · front, side and rear setbacks where 30 ' 15 ' and 45 ' respec- tively are required It was noted that there had been a petition received in opposition to the project. Staff pointed out that this property now has tentative approval for 2 lots. They stated that several: of the accessory structures on the lot, because of the redefinition of the setbacks, now require variances. · . Staff indicated that they have been able to make the findings for the ·pool and main structure, but not for the other accessory structures. The public hearing wa·s opened at 7:42z p.m. John Griffin, one of the owners of th~ property, stated that they agreed with the Staff Report, with the exception of the removal of the buildings. He indicated that the garage is an integral part of the property, has been there for many years,' and the· immediate neighbors do not object. He described the buildings on the property. Carolyn Corry, Durham Court, presented a new petition in opposition to the project, noting that the other petiti·on referred to was an old one. She noted the traffic and parking problems. She stated that they oppose the lot split;· however, she urged the· Commission, if they do approve it, to remove ·the ·second dwelling unit, wash. room, and rel·oca·te ·the garage. Ben Johnston, 14210 Douglass Lane, stated that he had been instrumental in closing Douglass Lane to 'through traffic, and the.character of the neighbor- hood' is of great concern. He commented that they We're· led to understand when the property wa·s sold to the applicant that it was 'going to be used for two structures only, and that he was buying the house to ·set up resi- dence for him and· his family. Bob Woolsey, 19952 Durham Court, st·ated that Durham Court has been used as a parking lot by the people 'living. in the cottage. He also commented that the applicant would not be subdividing if he valued the historical importance of the buildings. Mr. l~oolsey stated that he felt it would be more important to remove the guest house than the· garage. He indicated that he felt ·the parking problem would be solved if there were a fence across the access to the guest house from Durham Lane, but he did not think it would be feasible. Bob ·Corry, 19930 Durham Court, inquired about the monitoring system for the removal of the kitchen from the guest house. He also pointed out that (1) If th'e 3 lots are approved, there will be a family living in the guest house, which will total 4 dwellings; (2) The access to the parking pad for the second dwelling unit is through ·his driveway and there has been quite a parking problem on Durham Court; (3) increased traffic will be a problem to the children in the· neighborhood. Mr. Corry also questioned the historical value of the ·buildings~ Mr. Alleshouse ·stated that he lives· behind the Griffins and spoke in favor of the project. He ·indicated that he preferred the garage to be ·where it is, and he ·is the neighb·o·r that looks ·at it. Pat Richard, Douglass Lane, addressed· the hist·orical value of the house and stated that it would be ·ruined by·'.putting two additional lots. She spoke to the increased traffic and accidents ·in the 'area. Jean Johnston, 14210 Douglass, spoke in opposition to the project, stating that the previous ·owners had told them when they sold that there would be only one additional house built on the 'site. Mr. Griffin suggested· the compromise of leaving the· garage in its present location and removing the guest house.. Commissioner Moni·a moved to close the 'public hearing. Commissioner Siegfried seconded the motion, which was carried unanimously. Plan~ing Commission Meeting O Page 3 MiI~Ites 10/27/82 -~ SDR- 1526 and V- 598 (cont.) Staff clarified that the subdivision'was previous'ly granted with a 2 ft. setback for the garage because of the difference of interpretation of the previous City Attorney and the current one, as to how existing structures with existing property lines are treated as opposed to property lines being newly created. They noted that the access has also been redefined, which redefines the setbacks. Commissioner Monia stated that he had trouble making the findings for the variance for the garage with a 2 ft. setback, since there is so much available land to relocate the garage. Commissioner Hlava disagreed, stating that she felt it would be difficult to reconstruct the garage since the' site slopes greatly downhill. She commented that she had no problem with the garage in its present location, since it has had a 2 ft. setback for many years and the immediate neighbors don't object. Commissioner Nellis indicated that he had no particular problem with the present location of the garage. He stated that, since the applicant is agreeable to moving the guest cottage, wh'ich'has caused most of the problem within the neighborhood, he could support the variance for the garage and pool. Commissioner Siegfried agreed and moved to approve V-598, making the find- ings only as to the pool, the main structure and the garage, on the basis that (1) the structures have been the're for years, and (2) because of the slope of the land there may not be a reasonable place to reconstruct the garage. He added that he could not make the findings for the wash room and guest cottage. Commissioner Hlava seconded the motion, which was carried 4-2, with 'Commissioners Bolger and Monia dissenting. It was noted that the garage is in no way to be changed into a dwelling unit. Commissioner Siegfried moved to deny the variance request as to the wash room and guest cottage. Commissioner Monia seconded the motion, which ~as carried unanimously 6-0. Commissioner Siegfried commented' that he .feels that there is no basis to deny the request for Building Site Approval. He moved to approve SDR-1526, subject to the conditi'ons of the variance and the Staff Report. Commis- sioner Monia seconded the motion, which was carried 5-1, with Commissioner Bolger dissenting. Commissi'oner Siegfried moved to approve the Negati've Declaration for SDR-1526. Commissioner Hlava seconded the motion, which was carried 5-1, with Commissioner Bolger dissenting. MISCELLANEOUS 4. General Plan Land Use Map and the Timet'able for General 'Plan Completion Staff explained that at this mee'ting~the Commission should take 'formal votes on those' parcels where a cOns.ensus 'had been reached, and review the timetable for completion of the General Plan. Cmnmissioner Nellis discussed #38 regarding the Abrams property. He stated that he wondered if there might be another possible use for that site other th~n administrative offices, wh'ich would perhaps generate even less traffic. He suggested that 'a motel might be a suitable use, which would also provide some 'additional revenue for the City. He indicated that there were people representing the area that may wish to speak on this matter'. Discussion followed on Uses for the site. Staff stated that the Commis- sion could specify as part of the P-D designation the sorts of uses they would like and also performance standards. They indicated that the P-D category would have to be cre~ted again in the"General Plan to accQmplish that. They' added that 'the Commission would have maximum flexibility via the use permit procedure. Commissioner Hlava commen'ted that she would like that procedure to be used, not just.for thi's si'te, but 'some of the school sites that are either vacant now' or' might' be in the 'future~ She added that she feels that there Plan.ning Commission Meeting O Page 4 Minutes 10/2.7/82 General Plan Land Use Map and Timetab'le'(.cont.) are very few ways in which there is t'he flexibility needed in some very difficult situations. Commissioner Hlava stated that she would like to reintroduce some kind of P-D desi'gnation into the' General Plan. Commissioner Monia stated that he t'otally disagreed. He commented that, even tho'ugh he is in favor of some other kind of development that could be allowed in a P-A area, he supports that area because of what the citizens have spoken to and the 'probl'ems that have occurred in the past with P-D. He added that the P-D does~ give a great deal of flexibility, but he feels that the applications wijll be ones that are inconsistent with what the present neighborhood wa'nts. Joan'Faunce, President of the E1 Quit'o Homeowners Association, discussed the survey they'had done, Stating that the neighbors are still concerned ab'out traffic. She indicated that.she felt that a lot of the people in the. survey had not attended.the General Plan meeting and don't have as b'road a concept of the area as those who did attend. Terry Griswold inquired about the tra'ffic relative to the suggested motel. It. was the general consensus that #38~ should remain as Commercial P-A, and if an application is submitted that is compatible with the neighbor- hood, then the General Plan could be 'changed. Parcels #5 and #6 were discussed, and changed to re'ad "Gateway-Landscaped- Commercial" Discussion followed on the items to be approved. Item #38 was removed for a separate vote. Commissioner Siegfried moved to approve the items designated On pages 1-6 of the Staff Report of October 20, 1982 with an asterisk, as amended, with the 'exception of #38. Commissioner Monia seconded the motion, which was carried unanimously 6-0. Commiss.ioner Siegfried moved to approve #38 as Commercial-P-A. Commis- sioner Monia seconded the' motion, which was carried 4-1, with Commissioner Hlava dissenting and Commissioner Nellis abstaining, stating that he would like to see wh~t the neighborhood would like to have on that site. The timetable for the completion of the General Plan was reviewed and approved. It was noted that there will be study sessions on November 2, 1982 and November 23, 1982 at 7:00 p.m., and November 30, 1982 at 7:30 p.m. 5. Donald Fearnside, 14147 Ten Acres Court, Tract 4193, Lot 3, Request for Site Modification Approval to construct a two'-story accessory structure and a pool on a site of over 10% in slope' staff clarified that th~ slope of thejsite is 25%. They described the proposal, noting that the City Geologist has reviewed the plans and has recommended approval of the' accessory. structure only. RiChard Moldovan, the architect, described the existing structure and proposal. Beverly Fearnside, the applicant, s~oke to the proposal. She discussed the gra'ding tha't had been done on the'site. Commissioner Monia commented that he has no problem with this site.; however, he feels 'that the Commission h~s'to' address in t.he future the controlling of second buildings on properties' that could be used.as a rental or possi- ble conversion into a second structure. ~ommi~sioner Monia'moved to approve Site Modification Approval for Tract 4193, Ikoo~" 3','~.F th'e 'a"c'~e~s.~'y' S~-ruc'~re 6~y,..'p.~ the"'.S~a.~f Re~ort ~'t'ea"OCt'~ber 21, 1982. Co'mm~f~sioher' Siegfried seconded the ~otion'~ ~h"~ch ~as 'c~arried unanimously 6-0. COmmUNICATIONS Written 1. 'Letter' from SaratOga Foothills dated 9-23-82, regarding UP-353(a). Staff reported that the 'letter' is required as a condition of the' use permit. Discussion followed'. on' qualifications for living at Park Saratoga and enforcement Planni.ng Commission Meeting Page 5 Min:~f~es 10/-2.7/82 _. 0f the requirements. Oral 1. A brief report was given on the City Council meeting held on October 20, 1982. A copy of the minutes of thi's ~meeting is on file 'in the City Administration Office. '2. The pathway on Carnelian Glen' was discussed. 3. Chairman Schaefer thanked the Good Government Group for attending and serving coffee and Mayor Callon for attending the 'meeting. ADJOURNMENT .. CommiSsioner Monia moved to adjourn the n~eeting. Commissioner Siegfried seconded the motion, wh'ich was carried un'animously. The 'meeting was adjourned at 9:20 p.m. Secretary RSS:cd ;