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HomeMy WebLinkAbout02-21-1979 City Council Minutes MINUTES, SARATOGA CITY COUNCIL TIME: Wednesday, February 21, 1979 7:30 P.M. PLACE: ~aratoga City Council Chambers~ 13777 Fruitvale Ave., Saratoga, Calif TYPE: Regular Meeting AGENDA ACTION TAKEN I. ORGANIZATION ORGANIZATION A. ROLL CALL Present: Kalb, Callon, Corr, Kraus Absent: Matteoni (arrived 7:35 P.M.) B. MINUTES~ ~M/S: Corr/Callon approval of the. ' ~ minutes of January 30, 1979. Carried ~nanimously 'by voice vote. II~. COMMUNICATIONS COMMUNICATIONS A. ORAL 1. Pete Pasetta~ ' r~sident ~ requesting: a) City reconsider selling No action taken. property next to the church on Saratoga Ave. fo Saratoga Fire Dist., and Post Office Cdt-{riYe' Fire District facilftyS b) City Zoning Ordinance Planning Department staff ~o in- be revised to allow vestigate request. La Hacienda Restaurant within City limits. B. ~ITTEN 1. Richard H~ Wright, General Noted and filed; ehis~ to be con- Manager, San Jose S~phony sidered in tandum with Planning Orchestra, re: request for Co~ission's action on use petit waiver of $200 fee for application. conditional use pe~it.- 2. Alice T. Thomas, 14357-A Noted and' filed; C~ty Manager Saratoga Ave., re: con- to respond. duct during City Council Meeting. 3. John S. Perkins, Attorney Noted and filed; City Manager for Saratoga Vista II, to respond. re: Southeast Saratoga. AGENDA ACTION TAKEN COMMUNICATIONS (cont ' d. ) COMMUNICATIONS B. WRITTEN 4. Marie Rose Gaspar, re- M/S: Mattegni/Corr to grant an questing Final Map~Dproval' extension of Conditional Final of Tract #5928. Map Approval until the meeting of March 7, Public Works staff to'report re: conditions re- maining to be met, and this to be discussed ~t Con~nittee of the Whole Meeting on February 27. III. SUBDIVISIONS, BUILDING SITES, SUBDIVISIONS, BUILDING SITES, ZONING REQUESTS ZONING REQUESTS IV. PETITIONS, ORDINANCES,~E%~LUTIONS PETITIONS, ORDINANCES, RESOLUTIONS A. RESOLUTION 780.7 M/S: Kalb/Callon to approve Resolution 780.7, with modifications A RESOLUTION AF~NDING GEOIDGI( thaf: SURVEY FEE SCHEDULE (Cont'd. 2/7/79) 1) the deposit b'e refundab%e if it exceeds $25,/payable ~ .....atethe t~me-~f Final_Map .... %- Approval; ~ - 2)i~th~ $100 per lot Charge ~?r~im~rse th& eity for cost ~mapping be effective at such ~i~-as-~inFisi~O~plete~. 3) Any applications for sub- division approval on file UP until the time the geologic maps are available will be exempt from said fees. Carried unanimously by voice vote. B. ORDINANCE 3E-15 .,. Vince'Garrod, Mt. Eden Road, stated he sees no reason for having an AN INTERIM EMERGENCY ORDINAN~ interim emergency ordinance in that REGULATING LAND DEVELOPMENT there is no public health and OF THE CITY'S WESTERN HILL-'~ safety factor involved here. SIDE (Cont'd. 2/7/79) M/S: Matteoni/Corr to introduce the proposed ordinance as an interim ordinance, but not an emergency ordinance, and the reading be waived. Carried unanimgusly by voice vote. V. PUBLIC HEARINGS PUBLIC HEARINGS A. TO CONSIDER THE APPEAL OF The M~yor referenced the staff PLANNING COMMISSIONDECISION memorandum, dated 1/24/79, and RELATIVE TO VARIANCE TO ALLOW also, the staff report, dated THE CONSTRUCTION 0F520 SQ. 1/3/79. FT. FAMILY ROOM'~DDITION TOPPED BY A DECK, TO PROVIDE The'Mayor opened the public AN AVERAGE 27.5 FOOT REAR hearing at 8:45 P.M. YARD WHERE A 351FOOT REAR YARD IS REQUIRED - 19825 Mr. Auger, 19825 Merribrook Drive,' Merribrook DriVe '(V-501) - agreed with previous comment of (Cont'd. 2/7/79) _~_=~ __~_~_~.L ........ AGENDA ACTION TAKEN PUBLIC HEARINGS (Cont'd. ~ PUBLIC HEARINGS A. TO CONSIDER THE APPEAL OF (~'~6g PLANNING COMMISSION DECISION RELATIVE TO VARIANCE TO ALL~,Y Planning Commissioner Stan Marshall THE CONSTRUCTION 0F520 SQ.' that the top of the top of the FT. F~ILYROOM ADDITION deck would only be 11 to 12 feet TOPPED BY A DECK~ TO PROVIDE above the ground -- no more than AN AVERAGE 27.5 FOOT REAR a single-story height. He stated · YARD ~ERE A 35 FOOT REAR that in the summer, even from the YARD IS REOUIRED - 19825 balcony, they can't see in any of 'Merribrook~Drive'( -501 the back'yards -- it is completely V - (Cont'd. 2/7/79) closed off by the foilage. M/S: Kalb/Corr to close the public hearing. Carried. Public hearing closed at 9:50 P.M. Mr. Marshall, Planning Commissioner, explained that 2 or 3 of the Commissioners were concerned that the privacy of the neighbors was affected by this deck. Councilmen Kalb and Kraus indi- cated their agreement with this concern, and difficulty in making necessary findings to support this variance. M/S: Callon/Corr to approve the variance, conditional that no second story may be built on top of this one-story addition, and that_the..deck railing not exceed ~rag~ 3.5~'f~0~'~etback, based on the following f{ndings: 1) There is a physical hardship associated with the land, necessi- tating a variance, this being that the lot is smaller than immediately surrounding lots; 2) Exceptional circumstances apply only to this property. The alter- natives proposed do not solve ~he problem without a~chStectq~!t~ re-designing the house; 3) Denial of the variance would deprive the applicant of the right to develop the property similar to others classified in this same zoning district; 4) Granting of the variance would not be'a grant of special privilege-- the lot is peculiar to the owner; 5) The use will not be detrimental to the community or injurious to properties in the~vicinity; - 3 - - · . AGENDA ~CTION. TAKEN PUBLIC HEARINGS (Cont'd.) 'PUBLIC HEARINGS Ao TO CONSIDER THE APPEAL OF (Motion) PLANNING COMMISSION DECISION RELATIVE TO VARIANCE TO ALLg~ Councilman Matteoni added that THE CONSTRUCTION OF 520 SQ. it should also be mentioned, in FT. FAMILY ROOM 4DDITION terms of not having an adverse 'TOPPED BY ADECK, TO PROVIDE affect on the public health, AM AVERAGE 27.5 FOOT REAR that the lot to the rear of the YARD WHERE A 35 FOOT REAR Auger's:lot on Merribrook Court, YARD IS REQUIRED - 19825 is on th~ side yard, as opposed Merribrook Drive (V-501) to the rear yard, of that (Cont'd. 2/7/79) neighboring residence. Motion carried 3 to 2, Councilmen Kraus andKalb in opposition. B. TO CONSIDER THE APPEAL OF Continued public hearing to 3/7/79. PLANNING COMMISSION DECISION TO DENY THE REVISED TENTATIVE MAP (SD-1389) DIVIDEND INDUSTRIES, CARNELIAN GLEN ti C. TO CONSIDER THE APPEAL OF ~.~T~e-~Ass{~t'~i~y Manager PLANNING COFR~ISSION DECISION ~i~fn~d'~e CoUncil has the TO DENY A USE PERMIT TO option of setting this matter for ALLOW A REAL ESTATE' OFFICE'TO a de-novo hearing if it desires. LOCATE IN A FUTURE COMMERCIAL COMPLEX AT THE SOUTHEAST There being no object{on from ~COPjqER OF BIG BASIN WAY AND the applicant, it was mov~d'-by '1 - . by Councilwoman Corr to set a CALIFORNIA (Wrigh~ & Company) de novo hearing and proceed this evening. Carried unanimously 'by voice vote. Mr. Hendrickson acknowledged ah item of correspondence'from ~s. Joseph Bargas, 14534 Oak Street, expressing opposition to real estate office. The Mayor bpened the public hearing at. 9;21 P.M. Sheldon Ramsay, General Counsel on beI~alf of Wright andCompany, indicated t~e findings the staff made were: ~i ~ i) The p~0posed.iocation is in accord with the objectives of the. Zoning Ordinance and the purposes of the 'distr{ct in which the site is located. The location meets.the intent of the Village. Plan and Village Task Force recommendations. Mr. Ramsay.stated they purchased this piece of property, the pri-. mary motivation being to locatea real estate office in Saratoga. - 4 - AGENDA ACTION TAKEN PUBLIC HEARINGS (Cont~d. PUBLIC HEARINGS C. TO CONSIDER THE APPEAL OF occupancy of their desk or work PLANNING COMMISSION DECISION space throughout a day. TO DENY A USE PERMIT TO ALLOW A REAL ESTATE OFFICETO Mr. Hanson mentioned they have an LOCATE IN A FUTURE CO~IERCIAL office in Los Gatos, and they only CO~.'~LEX AT THE SOUTHEAST have one weekly business meeting CORNER OF BIG BASIN WAY ~D for their own internal purposes. FOURTH STREET, PER ORDINANCE NS-3, SECTION 16.6-1, ~LRATOGA He' further commented.that they are CALIFOLNIA (Wright & Company) the developer of this project, and they are as interested in the (Mr. Ramsay - cont'd.) viability of the commercial activi- ties as the City is, as they pur- The plan changed the inter-- chased this piece of property with relationship of that office the idea of creating a viable with the commercial pro- 20,000 sq. ft. commercial center, ject itself, so they felt of which the real estate office it spoke to the spirit of only constitutes 15 percent of the the Village Task Force re- total floor area. port, which was to: He. outlined the conditions as a) move it back from Big outlined in the staff report, and Basin Way so it would have what the developer has done to no frontage of the street; meet these conditions. b) diminish it in size. Mr. Ramsey pointed they are coming to the City requesting a con- Mr. Ramsay indicated in ditional.use pe!mnit -- if they their planning, they have aren't being a good citizen, stop moved it twice and changed the useage. At th~ same time, its size once. they have worked hard to speak to the spirit of what the town He further stated the loca- is trying to accomplish in the tion they have chosen which Village, in terms~of commercial has the least exposure, development, as well as the real probably lends itself more estate office, and they would to office useage than to like to have the chance to demon- commercial useage. strate they can make it work satis- Ifactorily. He referenced the staff re-I. p~rt which states that the Mayor Kraus: How big are the proposed location of the conditional use and the various shops that are going to be in that building? conditions under which it ~ would be maintained'will not' be detrimental to the pub-- Mr. Petersoh replied to this, lic health, safety, welfare, indicating they will average 1,200 etc. in the~ ~ic.inityif ~' square feet certain limitations men- Mayor Kraus inquired how many sales · tioned above are imposed on people would be in this office. this use. With regard°to parking re- Mr. Ramsey replied that when they qUirements, Mr. Ramsey talked about a 2,100 sq. ft. advised that the parking office, they were contemplating district provides for one about 14 employees parking space for every 380 square feet of space. He Further, he stated much of the would contend that useage commercial activity, in terms of of a real estate office is foot traffic and people parking, not one where the total does not.compete with times when number of employees are in they would be using their'office. AGENDA ACTION TAKEN PUBLIC HEARINGS (Cont'd.) " ~PUBLIC HEARINGS C. TO CONSIDER THE APPEAL OF (Mr. Pasetta'- cont'd.) PLANNING COMMISSION DECISION TO DENY A USE PERMIT TO have an ordinance that doesn't ALLOW A REAL ESTATE OFFICE TO allow you to market any of these LOCATE IN A FUTURE CO~IERCIAL 'things in your own center~ He COMPLEX AT THE SOUTHEAST would think the developer would CORNER OF BIG BASIN WAY AND be more concerned about sales FOURTH STREET, PER ORDINANCE people in this office taking up NS-3, SECTION 16.6-1, SARATOGA, parking spaces because it affects CALIFORNIA (Wright & Company) ~he shops in his own development, and he belives this development Mayor Kraus indicated he is comes first. In talking about concerned that there is going other facilities, for example, to be a lot of parking take~ restaurants, nothing is said up, and he does~.not know how about restaurants that don't pro- the City can handle this. vide any foot traffic for the shops on Big Basin Way, and to Mr. Ramsey indicated they pin Mr. Wright down to the fact have talked about the matter that he is a realtor and leave of limiting the number of out the fact that he is an inves- people in the office that tor and would be a resident land- were using the parking lot lord, is not fair. He suggested at any given point in time, the Council grant the permit, and they would have to do stipulating that he remain owner this by virtue of: a) the of the project. If at any time viability of the commercial the project is sold, the con- complex; and b) the sur- ditional use permit would auto- vival of the conditional matically eliminated. use permit. Stan Marshall, Saratoga Planning Councilwoman Callon: Any Commissioner, commented that with possibility of additional respect to parking, the City parking space existing in Planning Commission had a meeting the area that could be yesterday to address an application leased? from both Mr. Zambetti and Mr.' Gaines. From that dialogue, it Mr. Ramsey: The.project is became obvious that some 3,800 tied to the creation of a square feet of the land which is parking district for 54 cars. encompassed within the parking However, he does not know district does not belong to either the answer to Mrs. Callon's Mr. Wright or Mr. Zambetti, and question. would. in fact have to be taken by right of eminent domain or thr6ugh Peter Pasetta addressed the negotiation from the owner of record. Council. He stated that Mr. He pointed out this owner is Wright purchased the property interested in developing his land in April, several months as well for commercial. After some prior to the time the ordinance difficulty, it was determined that went into effect. He indi- the only individual receiving more cated that thfs project in- square footage of development than volves an expenditure of over he would be entitled to is the a million dollars, and would Wright application. be a tremendous asset to the City of Saratoga and Big Mr. Marshall indicated that parking Basin Way. But, Mr. Wright is a consideration in that if you happens to be an investor, a look at the 1 to 380, it ispredi- landlord, and a realtor. cated upon there being a mix of Therefore, what the'City is businesses. In that mix of business, saying is: "I am sorry, but real estate was considered to.be would like to have you invest one of the worse businesses,"in~'.- ~ a million dollars, but we that it takes up space without ' °' contributing to the City's taxes. AGENDA ACTION TAKEN PUBLIC HEARINGS (Cont'd.) PUBLIC HEARINGS C. TO CONSIDER THE APPEAL OF (Councilman Matteoni - cont'd.) PLANNING COMMISSION DECISION TO DENY A USE PEiMIT TO allowing some opening to look at ALLOW A REAL ESTATE OFFICE TO conditions or how that might be LOCATE IN A FUTURE COMMERCIAL achieved -- it is not blanketly C~PLEX AT THE SOUTHEAST saying those offices are excluded. CORNER OF BIG BASIN WAY AND FOURTH STREET, PER ORDINANCE Stan Marshall: That is precisely NS-3, SECTION 16.6-1, SARATOGA, why the staff report is written as CALIFORNIA (Wright & Company) it is. However, he wants to go back to why we have the ordinance, (Stan Marshall - cont'd.) and the ordinance was implemented on the premise that~' Further, the applicant has too many realtors and'to6 ma~y' made note of the fact the financial institutions that were Staff Report favors this de- essentially choking off the commer- velopment~ and there is no cial activities. Further, it was question this~.~s. true. ~'~at suggested to start looking for ways is also true ~ that the to generate revenue. staff individual who pre- pared the report has been He deferred to the instructions with the City for such a from the City Attorney, pointing short time that he has no out that the granting of use per- history whatsoever of the mits is a matter of grace, and basis for the ordinance that not a matter of ~ight. Further, was passed. The purpose of he indicated that no one on the the ordinance was to stem Commission h~d.a quarrel with a tide of financial insti- putting a real estate office in rutions and realtors~Z~' 7.'~ back of the new Wright building -- scending upon Saratoga ~h.' .... -the quarrel was with having a new great numbers.. If City realtor. were to allow this person to have his office in that Councilman Matteoni commented that he was building a building, it seems to him it would have been then tha~ same rationale better,.if the commission had in should appl~ toany other mind a'use permit, to only allow realtor or financial insti- one existin real estate office rution. to mo'~~he main street and locate in the back of the building, Mr. ~arshall commented that this should have been said. the merchants did a "flip- .' flop" when they came in Councilwoman Callon stated that advocating development of she does not remember in the dis- this office, and the real cussions of this issue, in terms reason for this was the of taking realtors out of where fear factor that if the they are and only those people realtor didn't have his would be able to locate inback office, he was'going to and upstairs. She remembers take away his development. clearly that they wanted retail space along the front of Big Basin Mayor Kraus stated his. so that shoppers wouldn't have to problem is that in the skip 3 real estate offices in a material he has, it is row to get to another space. indicated with a condi- tional use permit, you Frank Saul, Manager of the Los can put an office in the Gatos office for Wright and Co., rear of a Building. stated that in trying to allay the Council's fears in terms of Councilman Matteoni stated parking facilities and the use of that if the ordinance pro- the office on a continual basis, vides that you can have a he would like to say that they at real estate office or no time have more than one-third financial. institution, sub- of the staff in the office. He ject to a use permit, it is indicated that as a resident manager, he finds himself in their 7 AGENDA ACTION TAKEN PUBLIC HEARINGS (Cont'd.) <D PUBLIC HEARINGS C. 'TO CONSIDER THE APPEAL OF The Mayor requested to see a PLANNING .COMMISSION DECISION schematic drawing of the site TO DENY A USE PERMIT TO proposed for this office. Also, ALLOW A REAL ESTATE OFFICE TO he requested of staff what kind LOCATE IN A FUTURE COMMERCIAL of signing would be put on these COMPLEX AT THE SOUTHEAST shops in the mall. CORNER OF BIG BASIN WAY AND FOURTH STREET, PER' ORDINANCE Don Pe'terson, representing the NS-3, SECTION 16.6-1, SARATOGA,. applicant, replied the proposal CALIFORNIA (Wright & Company) ~hey will he coming back with will be to have s~all signs in (Mr. Saul - cont'd.) front of the shops, just below the roof line over each door. office completely alone, ex- They are also going to ask that cept for the secretary, on the retailers who are in the mall many occasionS, The drop-in be allowed to put up small non- percentage is minimal./" ~'~ illuminated wooden sign~ (5 or 6 sq. ft.) Mr. saul stated if this ...... ~_.~= ............. ~. application for a real ~M'/S.:IKalb~Corr to.clo~ the..public estate office were denied~ ~earih~'~=~rf~d'dna~lm~U~iy. he believes the occupancy The public hearing was closed at insofar as density is con- 10:10 P'.M. cerned per desk would be ~ tremehdously more than the Raisa Kocher, representing the operation of a real estate Village Merchants Association, office. indicated that a letter had been submitted to the Council at the Mayor Kraus inquired where last meetipg. She dommented that the office in Los Gatos is the feeling of the merchants is located, that-' they' n~'d~ ~%~od~n ~ village i~ '=Th'~'~{il~ge d~e~'['. Mr. Saul replied it is on have vitality, and she believes~ corner of Lark and Univer- it is because it is old, and it sity in the new office needs new thingS. complex in back of. the fire ~stati~n. There are 'I FOllowing consideration by the 1,600sq. fee~ in'the office Couhcil,' it ~s. moved by Mayor and 12 people on staff at Kraus, seconded by Councilman the moment, with 3; empty Matteoni .~ore-open the public =. desks. hearing and continue it to .~ March. 21st!. Also, to refer to Councilman Kalb inquired if' staff the issue of parking the 53 parking spaces alternatives, and this report referenced in the staff re- to be considered at a Committee port are on the s. ite it- of the Whole Meeting on March 13. self or a part of the parkin~ The motion was carried unanimously. district. The Director of Public Works replied that parking spaces expand beyond that site slightly. Mr. Saul added they pick up 4,000 sq..ft. from the Gaines property, and it is 58 parking spaces in the. ~istrict. - 8 - · AGENDA ACTION TAKEN VI. BIDS AND CONTRACTS ~ BIDS AND CONTRACTS VIIi CONSENT CALENDAR i~NSENT CALENDAr'-' A. ORDINANCE 38.93 ~ML~jfKal~/Cqrr tg ~dopt th~~ Conse~f Calehd~Fr C~r~ed' AN ORDINANCE MODIFYING THE ~unanimously by voice vote CITY CODE AS TO PROCEDURES ' FOR REVIEW OF GEOTECHNICAL P~PORTS (Second. Reading) B. CONSTRUCTION ACCEPTANCE SDR-1209,,Szalay - Quito and Woodbank Way C.DONATION BY THE 'SARATOGA OPTOMIST CLUB D. PAYMENT OF· CLAIMS E. CITY TREASURER'S REPORT F. CITY CLERK' S FINANCIAL REPORT · VIII. ADMINISTRATIVE MATTERS '~ ADMINISTRATIVE MATTERS A. MAYOR 1. Letter from Board Of Approyed to adhere to recommended Supervisors re: staff's re-, procedure to~tlow Council.to spOnse to comments. give its inpu~ on these items. 2. I.C.C. Meeting 7Requested Councilwoman Corr sit ~in,for'M~yorlKraus at this meeting. B. COUNCIL & COMMISSION REPORTS 1. Callon - The Board of This to be discussed at a future Supervisors last evening Committee of the WhOle Meeting. dispanded the Fire Conmission. C. DEPARtmENT HEADS &'OFFICERS 1.Reports from the Director of Public Works Re: · Saratoga Water Improve- Mr. Shook transmitted staff report ment Project1978-1 'dated 2/9/79. ~0uncilr~ireete~ PuWlid Works ~Di~tI6~'~ 'f6Ilo~ u~ with assess- ment district attorney re: prepar- ation of neC'essary agreements in- cluding "WHEREAS" clauses to guarantee'that the Water Assessment District is not diminished in action to move forward in advance of the water district, · Arroyo de Arguello Director of Public Works trans- (Cont%d. 2/7/79) mitted staff report dated 2/1/79. Councilman Kalb to negotiate with homeowners re: participatory funding Of project.. - 9 - ~ ? · . ~:~, AGENDA ACTION TAKEN ,~_=-~-.I~ ADMINISTRATIVE MATTERS cont'd.) ADMINISTRATIVE MATTERS C. DEPARtmENT HEADS & OFFICERS 2.Reports from Planning Director Re: · Referral from County M/S: Corr/Callon to uphold the Board of Supervisors P~: County Planning Commission's Noeggerath Appeal recommendation and deny this appeal. Carried unanimously. · C-S Zoning within City.' Assistant City Manager trans- Urban Service Areas mitted staff memorandum dated ~2/14/79. Council consensus to instruct Councilman Matteoni, IGC repre- -. sentative, to advise County that City of Saratoga supportive. of request re: C-S zoning process. 3. Report from the Director Miss Sampson, Director of of Community Services Re: Community Services, transmitted Expansion of Hours at the staff report,' dated 2/9/79. Recycle Center M/S: K~lb/Corr to approve extending hours for the Recycle Center from 9:00 A.M. to 4:00 P.M., seven days per week. Carried unanimously. D. CITY MANAGER 1. Report Re: Consideration M/S: Matteoni/Callon to pursue of City Council Direction the establishment of this trail, Re: Proposed Demon- and refer the matter back to stration Section for Parks and Recreation Commission Trails and Pathways for additional information be- Program (Fruitvale Ave. fore proceeding with program. to Sobey Road to Quito Carried unanimously. Road) 2. 'R~e~t~b~shmen~.~_~f Unite, .M/_~:_~K~us,~Kalb to re-nominate 'Na~{~s'~oo~di~a~or. .~1~{l~%~h{te as the United Nations Coordinator. Carried unanimously. IX. ADJOUPd~NT ADJOURNMENT M/S: Corr/Kalb to adjourn. Carried unanimously. The meeting was adjourned at 12:05 A.M. Respect submitted, R? r