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HomeMy WebLinkAbout01-14-2004 Planning Commission Minutes MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, January 14, 2004 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Acting Chair Zutshi called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Barry, Garakani, Nagpal, Schallop, Uhl and Zutshi Absent: Chair Hunter Staff: Director Tom Sullivan and Associate Planner John Livingstone PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of December 10, 2003. Motion: Upon motion of Commissioner Barry, seconded by Commissioner Nagpal, the Planning Commission minutes of the regular meeting of December 10, 2003, were adopted as submitted. (5-0-1-1; Chair Hunter was absent and Commissioner Uhl abstained) ORAL COMMUNICATION There were no Oral Communications. REPORT OF POSTING AGENDA Director Tom Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 8, 2004. REPORT OF APPEAL RIGHTS Acting Chair Zutshi announced that appeals are possible for any decision made on this Agenda by filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15.90.050(b). COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT Director Tom Sullivan advised that special assistance is available to ensure accessibility to any of the City’s public meetings in compliance with the Americans with Disabilities Act. Interested persons should contact the City Clerk’s office 48 hours in advance of a meeting to be accommodated. Saratoga Planning Commission Minutes of January 14, 2004 Page 2 *** CONSENT CALENDAR – ITEM NO. 1 APPLICATION #03-266 (397-16-128) RAHIM, 14350 Taos Drive: The applicant’s request for modifications to a previously approved Design Review was approved at the meeting on December 10, 2003. The resolution for this project is back to the Planning Commission for review and approval of the conditions. (THOMAS SULLIVAN) Director Tom Sullivan presented the staff report as follows: • Advised that the Commission can adopt the resolution or pull it for additional discussion. • Reminded that this action is to formalize the action taken at the last meeting. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Garakani, the Planning Commission adopted the Resolution for Application #03-266, to allow the modifications to a previously approved Design Review Approval as approved by the Commission at its meeting of December 10, 2003, for property located at 14350 Taos Drive, by the following roll call vote: AYES: Barry, Garakani, Nagpal, Schallop, Uhl and Zutshi NOES: None ABSENT: Hunter ABSTAIN: None *** PUBLIC HEARING - ITEM NO. 2 APPLICATION #03-201 (503-48-029 and 503-48-028), located at and adjacent to 21170 Big Basin Way: Request of the Local Agency Formation Commission (LAFCO) to expand the City of Saratoga’s Urban Service Area Boundary to include two new parcels, APN 503-48-029 and APN 403-48-028. Recommend that the City Council Amend the City of Saratoga’s General Plan to add the two new parcels to the General Plan with the designation of Residential Hillside Conservation (RHC). The area has already been pre-zoned as a Residential Open Space District (ROS). Recommend that the City Council approve an Environmental Negative Declaration. (JOHN LIVINGSTONE) Associate Planner John Livingstone presented the staff report as follows: • Advised that staff is recommending that the Planning Commission forward a recommendation to the City Council in support of LAFCO’s proposal to expand the City’s Urban Service Area Boundary to include two new parcels. • Described the properties as being pre-designated to be in the Residential Open Space District with an existing General Plan designation of Hillside Open Space. • Reported that Council had previously directed staff to proceed with this matter. • Stated the reason for the expansion of the Urban Service Area Boundary is to give the City influence on future development near Hakone Gardens. By expanding these properties into the Urban Service Area Boundary, the City would get notification from the County and allowed to provide input on any proposed projects. The pre-zoning would not be applicable unless these parcels are one day annexed into the City limits. Saratoga Planning Commission Minutes of January 14, 2004 Page 3 • Added that if, in the future a home is constructed on these properties, the opportunity to annex this property into the City would result due to its being in the City’s Urban Service Area Boundary Area. • Informed that there is little impact to County projects unless this property is annexed. If the properties were to be annexed, the density would not change, as the City’s density is similar to the County’s. The difference would be that the City’s design policies would apply should the property be annexed. • Advised that Hakone Gardens, consisting of 18 acres, is owned by the City of Saratoga and leased and operated by the Hakone Foundation. Hakone Gardens was created in 1915 as a Japanese-style garden and is the oldest such garden in the Western Hemisphere. It is included on the National Trust. • Said that this proposal is consistent with General Plan policies as it may assist in preserving the area around the Hakone Gardens and preserve a rural area. Additionally, it would allow the City to annex future major projects into the City. • Reported that staff had originally thought that a Negative Declaration was required as well as a General Plan Amendment to bring these parcels into the Urban Service Area Boundary. However, while preparing the staff report, staff found that the area is already designated appropriately within the General Plan. This meeting was noticed for a Negative Declaration, which was subsequently found not to be required. • Advised that comments were received from one of the property owners raising three issues that they asked be discussed. • One is the fact that the project was noticed differently than required (the issues of the Negative Declaration and General Plan Amendment). Therefore, staff feels that this item could be continued to the next meeting so the item can be re-noticed properly. • Second, the Design Review process is only applicable to properties annexed into the City. • Third, concerns were raised that it is the City’s intent to purchase the property. • Assured that the City’s only interest is in increasing the Urban Service Area Boundary. • Concluded his presentation with the recommendation of a continuance to the meeting of January 28, 2004, so staff can correctly notice this item. Commissioner Nagpal asked for clarification that if the City wanted to annex this property, it could. The City simply wants to be notified of any proposed development and provide input to the County at that time. Associate Planner John Livingstone said that the City would be noticed on all major projects that require entitlements. At that time, the City is asked if the proposal is consistent with the City’s General Plan and whether the City wants to annex. Commissioner Garakani asked staff to define major. Director Tom Sullivan replied single-family homes on up. Commissioner Barry asked staff whether representatives of Hakone Gardens gave testimony at the August Council meeting where this issue was first raised. Saratoga Planning Commission Minutes of January 14, 2004 Page 4 Director Tom Sullivan replied no. He advised that he provided the staff report to Council and that there was no discussion of Hakone Gardens. While the initial proposal from LAFCO included more parcels, Council’s specific instruction was to consider just these two parcels. Commissioner Nagpal suggested that the Commission take the opportunity to listen to the public. Commissioner Uhl asked why continue this matter. Director Tom Sullivan replied that the property owners have requested so. Also doing so allows both the notice and staff report to be clear that no CEQA review is required. Staff decided that the most prudent thing to do is to re-notice this item so that there is no confusion on what is occurring. Acting Chair Zutshi opened the Public Hearing for Agenda Item No. 2. Mr. David Britton, 21170 Big Bason Way: • Expressed his confusion. • Said that he understood the proposal to continue this item to the next Planning Commission meeting agenda, however, it is already on the Council agenda for January 21st. Director Tom Sullivan explained that the Planning Commission makes recommendation to Council. While the item will remain on the agenda for the January 21st meeting, the item will simply be opened for public hearing and continued as it must be since it has already been advertised for that meeting. Mr. David Britton: • Stated that his lawyer does not see eye to eye with the staff report and is opposed to this action. • Declared that he resides in Santa Clara County and questions why he is even here before the Saratoga Planning Commission. • Advised that the first time he heard of possible annexation is this evening. • Stated that inclusion in the Saratoga Urban Service Area Boundary will reduce the value of his property due to increased restrictions. • Said he feels he has been damaged by this action. • Stated that it is illegal for a governmental entity to take action that decreases market value. • Restated that the Britton and English properties are in Santa Clara County. • Informed that his property is up for sale and that the City of Saratoga Design Review guidelines do not apply to his property. • Stated that he likes Hakone Gardens and if the City wants to purchase his property, he would consider an offer. • Listed the possible scenarios, as he understands them. The first is possible inclusion in Saratoga’s Urban Service Area Boundary. The second is possible annexation into Saratoga. The third is the possible purchase of his property to expand Hakone Gardens. • Added that he is required to disclose these issues as he tries to sell his property. In fact, he cannot sell his property right now. • Estimated his loss as being approximately one-third of the property value or approximately one million dollars in damage. • Said he is happy with a continuance but not with the process. Commissioner Barry asked Mr. David Britton what is on the property right now. Saratoga Planning Commission Minutes of January 14, 2004 Page 5 Mr. David Britton replied a house and cottage. Last year, trees fell on both the house and cottage, damaging them. His neighbors, the Englishes, have a large house on their property, which is about 1.25 acres. The total acreage in question is 10 acres. Commissioner Barry asked Mr. David Britton if he lives on his property. Mr. David Britton replied that Mr. and Mrs. English still live on their property. He and his wife used to live on their property but now live in Santa Cruz. Commissioner Barry asked Mr. David Britton how long his property has been on the market and whether he has had any offers. Mr. David Britton said he has had interest. His broker has worked to sell the his property for two years but cannot give potential buyers concrete information on jurisdiction. Commissioner Barry asked when the property was listed. Mr. David Britton replied over two years ago, the beginning of the dot com crash, which is a part of the problem. Ms. Geraldine English: • Explained that her husband is deaf and could not come this evening. • Stated that they are passionate about their property. • Said that this property would be a fabulous acquisition for Hakone Gardens. • Added that she has a 100-year-old home. • Expressed agreement with the comments of Mr. Britton. • Said that she wants to see the Brittons get a fair price for their land and that she is in awe of how lovely their property is. • Stated her hope that the City finds the money to buy the land. Commissioner Barry sought clarification that Hakone is a private Foundation. Director Tom Sullivan replied that the City owns the land and the private Hakone Foundation operates it. Commissioner Nagpal asked staff to clarify that the only issue before the Commission is the issue of the Urban Service Area Boundary. Director Tom Sullivan replied correct. He added that Council has not discussed the idea of expanding Hakone Gardens as a part of this expansion of the Urban Service Area Boundary. Mr. Geoffrey Lee: • Identified himself as a partner of David Britton. • Stated that he has cared for the property for the last two years. • Said that this action has stopped their capabilities to sell this property and therefore effects the Britton’s current financial situation as well as their kids’ inheritance. Saratoga Planning Commission Minutes of January 14, 2004 Page 6 • Declared that this is a destructive process and questioned why it needed to occur. • Stated that they would be happy to sell the land to either Hakone or the City. • Stated that this is a frightening process. Ms. Sara Louise Freytag Britton, 21170 Big Basin Way: • Said that she has no written remarks prepared, as she had not planned to speak. • Said the first time she knew that the Commission and Council had discussed their property in detail was on August 6th with no notice. • Asked if this is a dictatorship. • Said that this action is being taken under false pretenses. • Advised that City representatives went to the property in August and spoke with their realtors. Their realtor was excited at the potential interest in the property. However, at Christmas, a small letter was sent out that was received on December 23, 2003, with incorrect information on it. • Said that this notice told neighbors bad things about our property. • Asked about possible Brown Act violations. • Described her neighbor, Mr. English, as an 81-year-old stroke survivor and said that the Englishes are dear neighbors. • Said that the City speaks as if there are plans to put a hotel up. • Added that several potential buyers have disappeared and she does not know what they have been told. • Advised that she is a cancer survivor and asked if the City is waiting for them to die. • Expressed that she is upset and apologized for exceeding her allotted time to speak. Acting Chair Zutshi asked staff to respond. Director Tom Sullivan: • Said that he was at the August Council meeting at which a Resolution of Intent to start this process was approved. Further work on this proposal got delayed until this winter due to heavy work load. • Added that Planning staff did not attend any site visit to this property. Commissioner Barry added that no member of the Commission visited the site either. Commissioner Uhl stressed the importance of making it clear to these owners that Council has to approve any action to be taken. Motion: Upon motion of Commissioner Garakani, seconded by Commissioner Nagpal, Application #03-201 to consider the expansion of the City of Saratoga’s Urban Service Area Boundary to include APN 503-48-29 and 503-48-028 was CONTINUED to the next regular Planning Commission of January 28, 2004, to allow correct noticing, by the following roll call vote: AYES: Barry, Garakani, Nagpal, Schallop, Uhl and Zutshi NOES: None ABSENT: Hunter ABSTAIN: None *** Saratoga Planning Commission Minutes of January 14, 2004 Page 7 PUBLIC HEARING - ITEM NO. 3 APPLICATION #03-270, (CITYWIDE) – CITY OF SARATOGA: Multiple Municipal Code Amendments are proposed to Chapter 14 – Subdivision Regulations, Chapter 15 – Zoning Regulations and Chapter 16 – Building Code. The proposed amendments are intended to ensure that the City Code is consistent with the policies of the Santa Clara Valley Urban Runoff Pollution Prevention Program advocating using site design and source control measures to minimize storm water pollutant discharges to the maximum extent possible. Additionally, Municipal Code Amendments are proposed to Chapter 14 – Subdivision Regulations related to Lot Line Adjustments and Building Site Approvals. (THOMAS SULLIVAN) Director Tom Sullivan presented the staff report as follows: • Advised that staff has bundled several issues together, including amendments in the Subdivision, Zoning and Building Codes; changes in the City’s Lot Line Adjustment Program, which is part of the Subdivision Ordinance. • Explained that these changes include adding a purpose statement and adding language (per pages 6 and 7 of the staff report). • Said that essentially, Lot Line Adjustments cannot be done to create new building sites. That is not the purpose of Lot Line Adjustments. They are intended to work out small differences between two property owners. Language has been put in that reemphasizes that. • Reported that previous action taken to eliminate Building Site Approvals was never codified. Commissioner Nagpal asked if two lots need to conform in order to allow a Lot Line Adjustment. Director Tom Sullivan replied yes. Commissioner Nagpal asked for clarification that one could make a Lot Line Adjustment on a substandard lot. Director Tom Sullivan agreed and added that one also can’t make an already substandard lot smaller in order to make another lot buildable. Commissioner Uhl said that the changes appear to be environmentally focused and wondered if design issues would come back to the Commission later. Director Tom Sullivan replied that the design of storm drains would not come back to the Commission at all. Commissioner Uhl asked about Building Site Approvals. Director Tom Sullivan said that the process for Building Site Approvals has gone away. Exactions are imposed during the Design Review process. Commissioner Uhl asked who is the approving authority for Lot Line Adjustments. Director Tom Sullivan replied in some cases, it is the Community Development Director. In other cases, it is the Planning Commission. On appeal, it goes to Council. Staff reviews carefully to Saratoga Planning Commission Minutes of January 14, 2004 Page 8 determine legal structures using a variety of methods including microfiche records and Tax Assessor information. This task is not taken lightly. Acting Chair Zutshi opened the Public Hearing for Agenda Item No. 3. Acting Chair Zutshi closed the Public Hearing for Agenda Item No. 3. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Barry, the Planning Commission forwarded a recommendation of approval for Application #03-270 for the multiple Municipal Code Amendments as proposed to Chapters 14, 15 and 16, by the following roll call vote: AYES: Barry, Garakani, Nagpal, Schallop, Uhl and Zutshi NOES: None ABSENT: Hunter ABSTAIN: None Commissioner Barry thanked staff for its excellent work and the clear presentation of this material. Acting Chair Zutshi thanked staff for the historical information provided on Hakone Gardens. *** DIRECTOR’S ITEMS Director Tom Sullivan extended best wishes for the New Year and reported that his son-in-law just has 70 days remaining in his tour of duty in Iraq. His son is now home from Iraq and as a surprise brought his older brother home with him for the holidays. Therefore, with the exception of his son-in-law, his entire family was able to be together this year. COMMISSION ITEMS Commissioners Garakani and Schallop both reported that they would be absent from the next meeting on January 28, 2004. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Nagpal, seconded by Commissioner Barry, Acting Chair Zutshi adjourned the meeting at 7:55 p.m. to the next Regular Planning Commission meeting of January 28, 2004, at 7:00 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk