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HomeMy WebLinkAbout11-22-1983 Planning Commission Minutes CITY OF SARATOGA PLANNING CO~MISSION MINUTES DATE: Tuesday, November· 22, 1983 7f30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROUTINE ORGANIZATION Roll Call : Present: Commissioners Crowther, Hlava, McGoldrick, Nellis, Peterson, Schaefer and Siegfried Absent: None Minutes The following changes were made to the 'minutes' of November 9, 1983: On page 2, in the third sentence 'of the' sixth 'paragraph, "legal" should be changed to "illegal". On page 2, the third sentence in the fourth paragraph should read: "He stated that he feels that the ordinance is one that ms admittedly a con- · servative one, but feels' that as a Commissioner he has to vote based on what the known impacts are going to be." The following sentence was added to the discussion under V-622 on page 4: "The concern was expressed about setting a precedent that if people had easements on their property they would not be willing to grant them in the future because they would perhaps have to pay for undergrounding the peo'ple'S power." Commissioner Nellis moved to waive the reading of the minutes of November 9, 1983 and approve as amended. Com- missioner' Hlava seconded the motion, which was carried, with Commissioner McGoldrick abstaining since she was not present. CONSENT CALENDAR Commissioner Crowther asked that Item #1 be removed for a separate vote· Commissioner Siegfried moved to approve. Item #2 listed below· Commissioner Crowther seconded the motion, which was carried unanimously 7-0. 2. SDR-1410 - Mr. Quarnstorm, Request for One-Year Extension of Contract for Improvement Agreement Commissioner Crowther commented that he would be abstaining on the voting of #1 because of pending litigation· Commissioner Nellis moved to approve Item #1 listed below.. Commissi"oner Hlava seconded the motion, which was carried 6-0, with Commissioner Crofther abstaining· 1. A-828 - Zoe Ann Matlock, Parker Ranch, Parcel B, Request for One-Year Extension of Design Review Approval BUILDING SITES 3a. Negative Declaration SDR-14?0 - R. W. Gabler 3b. SDR-14?0 R.W. Gabler, Park Drive, Tentative Building Site Approval, 2 lots Staff described the proposal. The public hearing was opened at 7:36 p.m. Ed Stelling, the agent, appeared to answer questions. Discussion followed on the project. Commissioner McGoldrick gave a Land Use Committee report, describing the lot Commissioner Peterson discussed the trees and vegetation and asked if the creek will remain in its natural state. It was determined that a condition would be added to have Staff review to ensure that everything is kept as natural as possible. Staff noted that there will be design review of any new house· Mr. Gablet discussed the' project, addressing the-trees 'and vegetation on the site· Discussion followed on the City Geologist's letter, which states that he recommends that the' lot split be approved on the condition that a detailed ~Plan.~ing Commission 'Page 2 Meeting Minutes 11/22/83 SDR-1470 (cont.) engineering geologic and soil and foundation engineering investigation pro- duces positive results, and that the results of this investigation should be reviewed and approved by the City EnginEer and City Geologist prior to final approval of the lot split and issuance of permits. Commissioner McGoldrick stated that she did not .see how the Commission could act on.the Negative Declaration, in view of the City Geologist's letter. Commissioner Crowther indicated that he could not vote for the project in view of the City Geologist's indication that the existing site plan does not reflect the true terrain and that the site conditions may require adjustments in the proposed development. He added that he would like to see more geologic work before voting for this split. ~ Commissioner' Siegfried moved to approve the Negative Declaration for SDR-1470. Commissioner Nellis seconded the motion, which was carried 4-3, with Commis- sioners Crowther, McGoldrick and Schaefer dissenting. Commissioner Siegfried moved to approve SDR-1470, per Exhibit "B-3" and the -.Staff Report dated November 17, 1983, with the added condition that Staff will review any modification to the creek, aHd with the clear understanding that the approval is subject to the geological report being reviewed and approved by the City Geologist.. The motion was s'econded by Commissioner Nellis and was carried 4-3, with Commissioners Crowther, McGoldrick and Schaefer dissent- ing. PUBLIC HEARINGS 4. UP-529(A) - Abel and Leila Carreia (Public Storage), Request for Modifica- tion to Use Permit UP-529 to allow reduced setbacks and addi.tional floor area on Building D of a mini-storage facility at 12299 Saratoga-Sunnyvale Road in the C-V zoning district; continued from October 26, 1983 Chairman Schaefer asked for clarification regarding whether the lease has.been signed with A-1 Rental, since the project received site approval based on the fact that they were going to be on the property. Staff explained the requested modification. The public hearing was opened at 7:48 p.m. Ron Nead, of Public Storage, indicated that they had been in contact with the rental agency but they have not heard from them. They explained that there are no lease arrangements at the present time because Public Storage does not own the property at this time. The City Attorney explained that the Commission h~d not conditioned that the applicant rent to a particular person. HoweVer, in terms of the physical characteristics of the' development and the size of the structure, they are geared with respect to that use be'ing there. He indicated that, while the applicant can't enter into a lea'se With respect to property that he does not yet own, there could be a letter of intent or arrangement to lease upon obtain- ing title to the property. Mr. Nead stated that they had designed their facilities around the rental agency. He discussed the project and the process. Commissioner Crowther commented that he would like to see a condition added that essentially says that the applicant shall provide for an equivalent rental tenant similar to the current A-1 Rental occupant to be located on the site. Discussion followed on such a condition... The 'City Attorney stated that he would have concern defining the use that narrowly, which basically restricts the applicant's ability to rent it to not simply a commercial use, but a very specific commercial use. He added that if the Commission wants to' say that the front area was intended all along for commercial use, as opposed to simply storage, there would be no problem. However, to say a particular type of use 'was intended would be too restrictive and really would only apply to very few potential users other than the one who is there. Mr. Fred Koslowski, of A-1 Rental Center', indicated that they did not have a lease at this time but.have received a'letter from Public Storage, indicating their intent. He discussed the leasing option he has with Mr. Carreia. Commissioners Hlava and Siegfried commen'ted that they feel that the Commis- sion had hoped that the rental use would be there but do not feel that the iPlan~ing Commission " Page 3 Meeting Minutes 11/22/83 UP-529-A (cont.) Commission can require that that tenant remain on the site. Commissioner Crowther commented that the 'owner could get any rental agency, not specifically A-1 Rental. He stated that he 'feels the City should be able 'to say that the City needs th. is kind of a use 'and they want to designate this particular spot for that use. Further discussion followed on the Commission's intent at the time of site approval. Commissioner Nellis asked if the Commission could reopen the use permit if the applicant does not allow that use. The City Attorney stated that he has not seen or heard anything that would suggest that any statements made to the Commission by the applicant at 'the time the site approval was being processed have been shown to be 'untrue. He added that the Commission has given an approval; the approval was'based upon an assumption that a cer- tain use would be in there. However, if it ends up that that use is not there, either because they can't come to terms on rent or any other circumstance, the Commission still has the continuing jurisdiction by way of the use permit. In terms of the 'size of the physical structure and other aspects of the site approval, he added, the Commission has given that approval; they cannot reopen the use permit. Mr. Carreia, .~hi~ro~'~-r ,.' ~V~ 'th~= .i~'S~Of~'~'0f '.'the' pro~'~:and a.~ke.d about the delay regarding permits. He was asked to confer with Staff regarding the pro- cessing of the applications. He discussed the A-1 Rental lease. Commissioner Crowther suggested that a condition be added "The building desig- nated commercial on Exhibit "B-3" shall remain commercial and the best effort shall be undertaken to maintain an equipment rental agency in this building." The City Attorney commented that he did not object to the designation of commercial for the building, but would prefer an expression of desire by the Commission regarding the specific use, and that it not be part of the use permit. Mr. Vaughn, of C~'nt.e'~f~i~'lBuilders, stated that they were in the same building and asked about the status of the tenants. Chairman Schaefer commented that the Commission can state that they would like to see present tenants remain; however, they cannot specify that and negotiation will have to take place with Public Storag~ 'and the owner. The City Attorney commented that the Commission cannot'really address Mr. Vaughn's tenancy; they are approving a project, not the tenancy. He added that they should contact their present landlord or the future owner if it is sold. Commissioner Hlava moved to close the public hearing. Commissioner Siegfried seconded the 'motion, whichWa.s carried unanimously. Commissioner McGoldrick moved to approve UP-529-A, per' the Staff Report dated October 21, 1983 and Exhibit "B-3", adding the 'condition that "'The front building shall remain for retail commercial uses." Commissioner Hlava seconded the motion, which was carried unanimously 7-0. 5. A~922 - Coilin Moreton, Request for Design Review Approval to construct a second story addition to a two-story single family residence at 20361'Kilbride Avenue in the R-1-12,500 zoning district The proposal was described by Staff. Commissioner McGoldrick gave a Land Use Committee report, indicating that the bulk seemed tremendous, and since it is on the corner it will oive the impression of being mammoth ~ · The public hearing was ,opened at 8~:30 p.m. No one appeared to address the Commission. Commissioner McGoldrick moved to close the public hearing. Com- missioner Hlava seconded the motion, which was carried unanimously. Discus- sion followed on the addition. Commissioner Crowther moved to approve A-922, per the Staff Report dated Novem- ber 17, 1983 and Exhibits "B", "C" and "D". Commissioner Siegfried seconded the motion, which was 'carried 6-1, with Commissioner McGoldrick dissenting. 6. UP-548 - Mr. and Mrs. Kenneth Daniel', Request for'Use Permit Approval to operate a Cable 'T.V. facility and install satellite antennas in the rear setback area at 12333 Saratoga-Sunnyvale Road in the C-V zoning district Staff explained the application. Commissioner Crowther stated that he - 3 - ~'lann~ng Commission Page 4 Mee'ting Minutes 11/22/83 UP-548 (cont.) would l·ike to see th'e ·condition "Any new, antennas added to the site shall come back to the 'City for spec·ific approval." The public hearing was· opened' at 8:35 p.m. Edward O'Farriell, representing the applicant, addressed the parking needs and the·'·:anticipated flow of traffic. The options for combining the driveways of the applicant and PSI we're discussed. Mr. O'Farriell suggested having the back of Plan A and the front of Plan B. · Mr. NCad, of PSI, stated that they are ·planning to work with them on the driveway. ., Mr. Daniel clarified that the antennas are not microwave antennas; they are satellite conceive, and there is no possibility of microwaVe radiation. Commissioner Crowther moved to close the public hearing. Commissioner McGOidrick seconded·the motion, which was carried unanimously. Commissioner McGoldrick moved to approve'UP-548, making the findings, per the Staff Report dated November 16, 1983 and, Exhibits "B" "B-i" and "C", with wording added to Condition 9 that "any new antenna~ a~ded to the Site beyond the two shown on Exhibit "B" shall be considered to be a significant modifica- tion and shall require amendment of the use ·permit." Commissioner Peterson seconded the motion, which was carried unanimously 7-0. 7. UP-549 Saratoga Nati·onal Bank, Request for Use Permit Approval to operate a banking facility at 12000 Saratoga-Sunnyvale Road in the C-V zoning district Chairman Schaefer explained the·.application and referenced the previous Crocker Bank application. Staff commented that their major concern is that they feel there has been a steady encroachment in the shopping center of office uses. They indicated that they were not able to make all of the findings and were recommending denial.' The public hearing was opened at 8:58 p.m. Dick Mount, representing the bank, submitted an exhibit showing the location of the bank and gave a presentation on the proposal. He clarified that they. would like to have an automatic teller and discussed possible locations. He also noted that there would not be a community center at this location. He indicated that they have supported the c0mmuni·ty and would continue to do so with donations and would permit various displays in the bank. Commissioner Siegfried moved to close·the public hearing. Commissioner McGoldrick seconded the·motion, which was carried unanimously. Commissioner McGoldrick stated that she had voted no on the bank issue down- town, in that she felt strongly that it should have remained as retail space. She indicated that she would be in favor of this proposal, since she sees it as a different situation; there is not a lot of walkaround trade in the shopping center. She added that these are local people and part of the community. Commissioner Nellis stated that he would also support the application. He noted that the revenue from Randall's may not necessarily· be lost since they. are going tO relocate. He added that he feels that the contributions made by the bank are well taken. ·' Commissioner Peterson agreed, adding that the corner has been and continues to be a tremendous traffic problem. He stated that he would have a difficult time seeing any kind of an intensive retail use in that location. Commissioner Siegfried commented that there had been a lot of debate about the Randall building when it was approved, but there was one clear thought.by the Commission at that time that they wanted a building constructed there ~n such a way that it would not be amenable to a high intensive retail use. FIe added that he feels this is the best use that can be made of it at this time. Commissioner Hlava suggested a condition limiting any·kind of sale notices or. banners. She also asked ii"~'~h~':'b.~n~-':~'C'~'d .'hel~.Tg~t-wi'~h'.th~"'~dia~"'~'.t~ipS~,'~..jL.~~ :~g ~'~'~' ~t:h~ y'~& Fe'-'~'. 2"16~g~'p ajr~'~'~g:.,.~ff"f~. s'~b~:: 1 ~ gh t"' a~":"A~'g~'~a~'F2'--"' s t ~f""-- PlpnHing Commission Page .;.Meeting Minutes 11/22/83 UP-549 (cont.) stated that if the Commission wishes to approve the project they would like to add a condition about the location of the automated teller. They also sug- gested a condition to read "The applicant shall participate in the development of median strips for Saratoga-Sunnyvale Road by entering into an agreement with the City to pay a pro rata share of the planned construction/installa- tion and maintenance costs associated with the development of these median strips. This agreement shall be executed wi'thin 60 days of the effective date of this use permit." Discussion followed on the estimated cost and the con- ditioning for other applicants in that area. The 'City Attorney stated that he had a problem with 'the inability to specify a cost and asking the applicant to agree 'to something wh'i'ch has not yet been defined. The formation of an assessment district and the participation of the whole shopping center was discussed. Commissioner Nellis moved to approve~ UP-549, making the findings, per the Staff Report dated November 16, 1983, adding the condition that Staff review and approve the location of an automatic teller, and amending Condition 3 to -read that no sale signs or banners shall be allowed without Commission approval. He added that it was his feeling that the Commission not put any stipulation on this particular applicant regarding a Deferred Improvement Agreement or assessment district, because he feels it more properly belongs with the whole shopping center. Commissioner Crowther seconded the motion. Commissioner Siegfried pointed out that the Staff Report did not make Finding No. 1. He stated that he felt that this finding could be made on the basis that (1) space occupied by two financial institutions is now vacant and might in the future be amenable to other commercial use and (2) the thought with this particular building was that there be some considerable restrict~Dn on the types of retail use that could be there~.'_.TiiiS'.~o~ld.'jthe'n'enable~J~i.m'jto~ that allowing a bank to go in this location is in accordance with the General Plan. The motion was carried unanimously 7-0. Chairman Schaefer added that Mr. Mount should pass on to.the Board of Directors that she thinks there is a very strong underlying sentiment that people are very discouraged that there is no way of encouraging the bank to participate in any beautification in that area, and'that is something people are very much. in favor of. She stated that if the bank has any discretionary funds the Commission would like to encourage them to use them for that purpose. It was the consensus of the Commission that the subject of accomplishment of the median strips should be agendized for a future study session. Break - 9:30 9:45 p.m. 8. V-625 - George Magnett, Request for Variance Approval for a lot line adjustment which would create a 5 ft. sideyard setback where 13 ft. is required at 15160 Sobey Road in the R-i-40,000 zoning district The proposal was described by Staff. Commissioner McGoldrick gave a Land Use Committee report, describing the site. The public hearing was opened at 9:50 p.m. George Magnett, the applicant, discussed the application. Dr. Iwanaga, the adjacent neighbor, spoke in favor of the proposal. He indicated that they were mutually working to enhance both pieces of property. Commissioner Crowther stated that he wondered if it would be possible tO keep about the same acreage by just adjusting that line, bringing it in closer to the property near the home to keep about a 9 ft. setback, and swinging it out a little bit further away so the acreage achieved would be about the same if it were 20 ft. all the way along. He explained that his concern would be that if somebody moves into Dr. Iwana's home with only a small setback, somebody could plant trees next to the structure which would create a fire hazard. Discussi'on followed on the setback. It was the consensus not to approve a 5 ft. setback because of future owners. Commissioner McGoldrick moved to close tHe'public hearing. Commissioner Hlava seconded the motion, which was ~'=P'lan~ing Cornmiss ion Page 6 M..e;~ting Minut.es 11/22/ V-625 (cont.) Commissioner Siegfried moved to approve V-625, per the Staff Report dated November 17, 1983, .on the' basi's that the 'lot line adjustment be such that it maintains 'at least an 8 ft. setback from'the 'existing structure on the former Johnson prop'erty. Commissioner Peterson seconded the motion, which was carried unanimously 7-0. MISCELL~NEOUS- 9. William Gidden, 20377 Kirkmont Drive, Appeal of a Staff decision to not issue a home' o'ccupatiOn business' license for firearms sales Mr. Gidden described his proposed operation. He stated that it would not be economically practical to open up a shop in a commercial area because it is a low volume business. Commissioner Nellis expressed concern about possible robberies. Commissioner McGoldrick stated that she was not fond of living next to people who' havebusines'ses' in th~i'r hOmes'and she was very much against firearms. Commissioner Nellis agreed, adding that he feels that firearms are very sensitive things and he WOuld like to have it in the ordinance that the sale of firearms is prohibited in the City. Commissioner McGoldrick moved to deny the appeal of the Staff decision to not issue a home occupation business license for firearms'sales in a residential zone. Commissioner Nellis seconded the motion, which was carried unanimously 7-0. COMMUNICATI'~ONS Oral 1. Commissioner McGoldrick gave a brief report on the City Council meeting of November 16, 1983. A copy of the minutes of this meeting ~s' availa- b!e.].n th~ CitX.'Admin. ist~'ti'o~'O'ff'i~e. " 2. Chairman Schaefer thanked the Saratoga Nears for attending and the Good Government Group for attending and serving coffee. ADJOURNMENT Commissioner' Crowther moved to adjourn the meeting. Commissioner Nellis seconded the motion, which was carried unanimously. The meeting was adjourned at 10:2S p.m. Secretary RSS:cd